Case: Alcocer v. Credit Union of Georgia

1:25-cv-01760 | U.S. District Court for the Northern District of Georgia

Filed Date: April 3, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the defendant credit union’s alleged use of alienage status as a factor in considering the credit union’s members for loan approval. On April 3, 2025, Plaintiff, a Deferred Action for Childhood Arrivals (DACA) recipient filed this lawsuit in the U.S. District Court for the Northern District of Georgia. Plaintiff sued the Credit Union of Georgia (“CUGA”) under 42 U.S.C. § 1981 on behalf of herself and a class defined as:  “All persons who resided in the United States a…

This is a case challenging the defendant credit union’s alleged use of alienage status as a factor in considering the credit union’s members for loan approval. On April 3, 2025, Plaintiff, a Deferred Action for Childhood Arrivals (DACA) recipient filed this lawsuit in the U.S. District Court for the Northern District of Georgia. Plaintiff sued the Credit Union of Georgia (“CUGA”) under 42 U.S.C. § 1981 on behalf of herself and a class defined as: 

“All persons who resided in the United States at the relevant time that they applied for or attempted to apply for a loan product from CUGA, and who were denied full and equal consideration for the loan prouct [sic] by CUGA on the basis of alienage.”

Represented by the Mexican American Legal Defense and Educational Fund (MALDEF) and private counsel, Plaintiff sought preliminary and permanent injunctive relief barring discriminatory lending policies, class action certification, declaratory judgement, compensatory damages plus interest, and attorney’s fees and costs. Plaintiff claimed that CUGA unlawfully discriminated against her and other class members when CUGA denied their applications for loans. The case was assigned to District Judge Sarah E. Geraghty.

On June 19, 2026, Plaintiff filed an amended complaint which corrected minor formatting and typographical errors but made no substantive changes. 

On June 23, 2025, CUGA filed a Motion to Compel Arbitration and Stay Action. CUGA argued that by electronically signing CUGA’s “Membership and Account Agreement” the plaintiff entered a binding and enforceable contract which included, in relevant part, a provision that allowed either party to unilaterally require that any dispute between the parties be resolved by arbitration. CUGA also sought attorney’s fees related to bringing the motion.

In a response filed on July 7, 2025, Plaintiff opposed the arbitration on three alternative grounds: 1) that there was no such contract because plaintiff had no record of receiving a copy of the arbitration agreement, 2) that the plaintiff’s claim fell outside the arbitration agreement, and 3) that the arbitration agreement was unconscionable.

 In an order filed on February 6, 2026, Judge Geraghty granted CUGA’s motion in part with the exception of CUGA’s request for attorney’s fees, which the court denied. The order stated that by signing the Membership and Account Agreement, Plaintiff acknowledged receipt of the arbitration agreement, creating a binding contract under Georgia state law (O.C.G.A. § 13-3-1). The court further ruled that Plaintiff’s claim fell within the arbitration agreement and that “unconscionability” of the arbitration agreement was a defense to the enforceability of the contract which should be resolved by the arbitrator. Plaintiff was ordered to initiate arbitration within 90 of the order to avoid dismissal of the claim.

As of February 9, 2026, this case is administratively closed while the case is stayed pending arbitration.

Summary Authors

Daniel Johnson (2/22/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69893065/parties/alcocer-v-credit-union-of-georgia/


Attorney for Plaintiff

Alarcon, Sebastian Thomas (Georgia)

Begnaud, Mark Andrew (Georgia)

Eshman, Michael James (Georgia)

Senteno, Andrea (Georgia)

Attorney for Defendant

., Dion Y. (Georgia)

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Documents in the Clearinghouse

Document
1

1:25-cv-01760

Complaint - Class Action

April 3, 2025

April 3, 2025

Complaint
10

1:25-cv-01760

First Amended Complaint - Class Action

June 19, 2025

June 19, 2025

Complaint
22

1:25-cv-01760

Order

Feb. 6, 2026

Feb. 6, 2026

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69893065/alcocer-v-credit-union-of-georgia/

Last updated March 20, 2026, 5:43 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Carmen Belem Pimentel Alcocer. (Filing fee $405, receipt number BGANDC-14195013) (Attachments: # 1 Civil Cover Sheet, # 2 Attachment to Civil Cover Sheet)(tcc) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 04/04/2025)

April 3, 2025

April 3, 2025

Clearinghouse
2

Electronic Summons Issued as to Credit Union of Georgia. (tcc) (Entered: 04/04/2025)

April 3, 2025

April 3, 2025

3

Certificate of Interested Persons and Corporate Disclosure Statement by Carmen Belem Pimentel Alcocer. (tcc) (Entered: 04/04/2025)

April 3, 2025

April 3, 2025

Notification of Docket Correction: Incorrect nature of suit and cause of action assigned. Magistrate Judge Johnson is no longer referred on the case (aar)

April 16, 2025

April 16, 2025

4

STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Sarah E. Geraghty on 4/18/2025. (sap) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

5

APPLICATION for Admission of Sebastian Thomas Alarcon Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14265302). with Brief In Support by Carmen Belem Pimentel Alcocer. (Begnaud, Mark) Documents for this entry are not available for viewing outside the courthouse. (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

APPROVAL by Clerks Office re: 5 APPLICATION for Admission of Sebastian Thomas Alarcon Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14265302). Attorney Sebastian Alarcon added appearing on behalf of Carmen Belem Pimentel Alcocer. E-filing access may be requested after an order granting the application is entered. (esr)

May 2, 2025

May 2, 2025

6

ORDER granting 5 Application for Admission Pro Hac Vice of Sebastian Thomas Alarcon. Signed by Judge Sarah E. Geraghty on 5/13/2025. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ane) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

7

WAIVER OF SERVICE Returned Executed by Credit Union of Georgia. Credit Union of Georgia waiver mailed on 4/9/2025, answer due 6/9/2025. (Kohler, Dion) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

Clerk's Certificate of Mailing as to Sebastian Alarcon re 6 Order on Application for Admission PHV. (ane)

May 13, 2025

May 13, 2025

8

Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Credit Union of Georgia. (Kohler, Dion) (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

9

ORDER GRANTING 8 Joint Motion for Extension of Time. Defendant Credit Union of Georgia shall have through and including Monday June 23, 2025, to answer or otherwise respond to Plaintiff's 1 Complaint. Signed by Judge Sarah E. Geraghty on 6/9/2025. (ane) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

10

AMENDED COMPLAINT against Credit Union of Georgia filed by Carmen Belem Pimentel Alcocer.(Begnaud, Mark) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 06/19/2025)

June 19, 2025

June 19, 2025

Clearinghouse
11

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Andrea Senteno. Clerk to follow-up by 6/30/2025. (jas) (Entered: 06/20/2025)

June 20, 2025

June 20, 2025

12

MOTION to Compel Arbitration and Stay Action with Brief In Support by Credit Union of Georgia. (Attachments: # 1 Exhibit A to Motion, (DOCUMENT FILED IN ERROR) # 2 Exhibit B to Motion, # 3 Exhibit C to Motion, # 4 Brief in Support of Motion, # 5 Exhibit 1 to Brief, # 6 Exhibit 2 to Brief)(Kohler, Dion) Modified on 7/14/2025 to make 12-2 private per attorney phone call. Redacted exhibit to be filed (usw). (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

13

APPLICATION for Admission of Andrea Senteno Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14407821). by Carmen Belem Pimentel Alcocer. (Begnaud, Mark) Documents for this entry are not available for viewing outside the courthouse. Modified docket text on 7/10/2025 (ane). (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

APPROVAL by Clerks Office re: 13 APPLICATION for Admission of Andrea Senteno Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14407821). MOTION to Add Party . Attorney Andrea Senteno added appearing on behalf of Carmen Belem Pimentel Alcocer. E-filing access may be requested after an order granting the application is entered. (esr)

June 27, 2025

June 27, 2025

14

RESPONSE in Opposition re 12 MOTION to Compel Arbitration and Stay Action filed by Carmen Belem Pimentel Alcocer. (Attachments: # 1 Exhibit A: Senteno Decl., # 2 Exhibit B: Pimentel Alcocer Decl., # 3 Exhibit C: Pimentel Alcocer Emails, # 4 Exhibit D: Counsel Emails)(Alarcon, Sebastian) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

15

ORDER granting 13 Application for Admission Pro Hac Vice of Andrea Senteno. Signed by Judge Sarah E. Geraghty on 7/10/2025. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ane) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

Clerk's Certificate of Mailing as to Andrea Senteno re 15 Order on Application for Admission PHV. (ane)

July 10, 2025

July 10, 2025

16

REPLY BRIEF re 12 MOTION to Compel Arbitration and Stay Action filed by Credit Union of Georgia. (Kohler, Dion) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

Submission of 12 MOTION to Compel Arbitration and Stay Action to District Judge Sarah E. Geraghty. (sap)

July 15, 2025

July 15, 2025

17

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Carmen Belem Pimentel Alcocer. (Alarcon, Sebastian) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

18

CERTIFICATE OF SERVICE for Initial Disclosures by Credit Union of Georgia.(Kohler, Dion) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

19

MOTION Seal Exhibit 12 MOTION to Compel Arbitration and Stay Action (Documents 12-2 and 12-3, Exhibit 1 by Credit Union of Georgia. (Attachments: # 1 Text of Proposed Order)(Kohler, Dion) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

20

ORDER GRANTING Defendant's 19 Motion to Seal. It is hereby ordered that Doc. 12-2 and 12-3, Exhibit 1, exhibits filed with Defendant's 12 Motion to Compel Arbitration be sealed by the Clerk of Court. Signed by Judge Sarah E. Geraghty on 7/30/2025. (ane) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

21

CERTIFICATE OF SERVICE For Initial Disclosures by Carmen Belem Pimentel Alcocer.(Alarcon, Sebastian) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

22

ORDER: Defendant's 12 Motion to Compel Arbitration is GRANTED IN PART and DENIED IN PART. The motion is granted except with respect to Defendants request for attorney's fees and costs under O.C.G.A § 13-6-11, which is denied. It is ORDERED that: Plaintiff and Defendant shall proceed with arbitration in accordance with the Arbitration Agreement contained in the Membership and Account Agreement. Plaintiff is DIRECTED to initiate arbitration within 90 days of the entry of this order. This case is STAYED during the pendency of arbitration. Plaintiff and Defendant are DIRECTED to submit status reports to the Court every 120 days. Plaintiff and Defendant are DIRECTED to notify the Court within 30 days of the completion of arbitration. This case is ADMINISTRATIVELY CLOSED during the period of the stay. Signed by Judge Sarah E. Geraghty on 2/6/2026. (ane) (Entered: 02/06/2026)

Feb. 6, 2026

Feb. 6, 2026

Clearinghouse

Civil Case Terminated. (ane)

Feb. 6, 2026

Feb. 6, 2026

Case Details

State / Territory:

Georgia

Case Type(s):

Fair Housing/Lending/Insurance

Immigration and/or the Border

Key Dates

Filing Date: April 3, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A DACA recipient who was denied an automotive loan by the Credit Union of Georgia, on behalf of herself and other members of a class of people who were denied lending by the defendant based on alienage status.

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Private Entity/Person

Credit Union of Georgia

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

42 U.S.C. § 1981

Other Dockets:

Northern District of Georgia 1:25-cv-01760

Special Case Type(s):

Non-court arbitration/mediation

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Damages

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Lending

Discrimination Basis:

Immigration status

Immigration/Border:

DACA (Deferred Action for Childhood Arrivals)

Recommended Citation