"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."
- Partner
Joshua Threadcraft is a trial and class action attorney in Burr & Forman’s Financial Services Practice Group with more than two decades of experience, including serving as first chair counsel in bench and jury trials and ...