Burr & Forman

01.28.2016   |   Arbitration, Blog Articles, New York, Telephone Consumer Protection Act

New York District Court Holds TCPA Claim Within Scope of Arbitration Provision

Laverne v. Carr, 15-cv-693 (SAS) (S.D.N.Y. Dec. 23, 2015) Plaintiff brought suit against a credit card company, alleging the company violated the TCPA by autodialing her cell phone without consent. The calls at issue were made in conjunction with a “big box” electronic store card, which the company purchased from another entity. The company moved to compel arbitration. Granting the Motion to Compel Arbitration, the Court stated:

“Plaintiff’s claim clearly falls within the scope of the Card Agreement’s arbitration clause, which provides that ‘all Claims are subject to arbitration,’ including claims ‘relating to [the parties’] relationship.’ Where, as here, ‘the contract’s arbitration clause is a broad one, ‘the strong presumption in favor of arbitrability applies with even greater force.” The Card Agreement contemplates the arbitration of any claim related to the parties’ relationship, and the existence of consent to contact the plaintiff via telephone undeniably implicates the parties’ relationship with each other. Plaintiff’s argument that her claim is unrelated to the substance of the Card Agreement is beside the point – even claims that merely ‘implicate’ parties’ rights and obligations under the agreement are subject to arbitration.’ Multiple courts in this Circuit have held that TCPA claims are arbitrable pursuant to arbitration provisions contained in a variety of agreements, including credit card agreements, and I so find here.”

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