Burr & Forman

02.2.2016   |   Arbitration, Blog Articles, Florida, Telephone Consumer Protection Act

Middle District of Florida Holds Arbitrability of TCPA Claims Question for Arbitrator

Harrington v. Regions Bank, No. 2:15-cv-522-Ftm-29MRM (M.D. Fla. Jan. 29, 2016) Before the Court was Defendant’s Motion to Compel Arbitration and Stay Proceedings. Plaintiffs opposed the Motion, contending that their TCPA claims were not subject to arbitration provisions found in various loan documents executed in connection with the subject debt and other account relationships with Defendant. It was undisputed, however, that the arbitration provisions contained a delegation clause vesting determinations of arbitrability with the arbitrator, not the court. Granting the Motion to Compel Arbitration, the Court noted that “[w]hile arbitrability is generally a question reserved for the trial court, the arbitrator may interpret the scope of the arbitration agreement if the parties agree and provide for such delegation ‘clearly and unmistakably’ within the agreement.”

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