CERTEGY CHECK SERVICES, INC. and COMPLETE PAYMENT RECOVERY SERVICES, INC., Petitioners Below, Petitioners
JANICE FULLER, Respondent Below, Respondent
Submitted: March 5, 2019
from the Circuit Court of Mercer County The Honorable Mark
Wills, Judge Civil Action No. 17-C-147-MW
Kyle Deak, Esq. Troutman Sanders LLP Raleigh, North Carolina
John C. Lynch, Esq. Jonathan M. Kenney, Esq. Troutman Sanders
LLP Virginia Beach, Virginia Counsel for the Petitioners
R. Broadwater, Jr., Esq. Ralph C. Young, Esq. Christopher B.
Frost, Esq. Hamilton, Burgess, Young & Pollard, PLLC
Fayetteville, West Virginia Counsel for the Respondent
BY THE COURT
"An order denying a motion to compel arbitration is an
interlocutory ruling which is subject to immediate appeal
under the collateral order doctrine." Syl. Pt. 1,
Credit Acceptance Corp. v. Front, 231 W.Va. 518, 745
S.E.2d 556 (2013).
a circuit court denies a motion to compel arbitration, the
circuit court's order must contain the requisite findings
of fact and conclusions of law that form the basis of its
an interlocutory appeal of a circuit court's order
denying a motion to compel arbitration. Based on the record
before us, the arguments of the parties, and the applicable
law, we find that the circuit court's order does not
contain sufficient findings of fact and conclusions of law
for this Court to conduct a proper review. Therefore, we
vacate the circuit court's order denying the motion to
compel and remand this matter to the circuit court for
further proceedings, including the determination of whether
any arbitration agreement exists between the parties and, if
an agreement exists, whether that agreement is
FACTUAL AND PROCEDURAL BACKGROUND
Janice Fuller, was in Las Vegas, Nevada, in January or
February 2016. According to Ms. Fuller, she stayed at a hotel
and paid for her stay with two "convenience checks"
drawn on her credit card account. She says that her credit
card company "processed the checks" and added them
to her bill. She claims that she paid her bill in full when
she returned home.
Complete Payment Recovery Systems, Inc.
("Complete Payment"), is a debt
collector and a subsidiary of Defendant Certegy Check
Services, Inc. ("Certegy").
Certegy is a risk management company. Together, they work
with a third (and apparently unrelated) company called Global
Payments Gaming Services, Inc., that operates a "VIP
Preferred Program" for "gaming establishments"
and their customers. According to Certegy and Complete
Payment, Ms. Fuller signed up for the program and used it to
conduct "two check transactions" in January and
February 2016, which they say were "returned as
afterward, Complete Payment attempted to collect this alleged
debt from Ms. Fuller. Ms. Fuller claims she protested the
debt and demanded to be left alone, but Certegy and Complete
Payment persisted in their collection efforts.
Fuller sued them in the Circuit Court of Mercer County. She
claims that the defendants invaded her privacy and violated
the West Virginia Consumer Credit and Protection Act, W.Va.
Code §§ 46A-1-101 to -8-102 (2018). Certegy and