District Court (N.J.) Orders TCPA Case to Arbitration

In Ellin v. Credit One Bank, 2015 WL 7069660 (D.N.J. 2015), Judge Wolfson ordered a TCPA case to arbitration.

Having concluded that a valid agreement between the parties exists, the Court must next determine whether the dispute at hand falls within the ambit of the Agreement’s arbitration clause. In making this determination, “the Court should keep in mind federal policy favors arbitration,” and that broadly drafted arbitration clauses are entitled to a presumption of arbitrability. Ellin v. Empire Today, LLC, No. 11-2312, 2011 U.S. Dist. LEXIS 95639, at *16-17 (E.D. Pa. Aug. 24, 2011); Century Indem. Co. v. Certain Underwriters at Lloyd’s, 584 F.3d 513, 556 (3d Cir. 2009) (noting that, because the scope of the arbitration clause in question “is broad[,]…the presumption of arbitrability applies to it”). Indeed, if “the contract contains an arbitration clause, there is a presumption of arbitrability in the sense that [an] order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute.” AT&T Techs. v. Communs. Workers of Am., 475 U.S. 643, 650 (1986) (Internal quotation and citation omitted). Accordingly, “in such cases, [in] the absence of any express provision excluding a particular grievance from arbitration,…only the most forceful evidence of a purpose to exclude the claim from arbitration can prevail.” Id. (Internal quotation an citation omitted).  In this case, Plaintiff alleges that Defendant violated the TCPA by telephoning him with regard to a delinquent Credit One credit card account. Essentially, Plaintiff brings suit based on the collection practices of Defendant. The arbitration clause provides: “[e]ither you or we can require that any controversy or dispute be resolved by binding arbitration” and “[c]laims subject to arbitration include…collections matters relating to your account…and any other matters relating to your account.” The Agreeemnt p. 6 (emphasis added). This broadly drafted arbitration clause is entitled to a presumption of arbitrability. Plaintiff has not rebutted such presumption. In fact, Plaintiff’s TCPA claim undoubtedly falls within the purview of the arbitration clause; that is, Defendant’s alleged violation of the TCPA unquestionably pertains to a collection matter relating to Plaintiff’s credit card account, as Defendant’s telephone call was prompted by Plaintiff’s alleged delinquency. Moreover, Plaintiff’s TCPA claim clearly falls within the meaning of “any controversy or dispute” as defined by the scope of the arbitration clause.