In McCormick v. Citibank, NA, 2016 WL 107911, at *5 (W.D.N.Y., 2016), Judge Curtin ordered a TCPA case to arbitration, holding that the TCPA itself did not preclude arbitration.

Because plaintiff asserts a federal statutory claim, the court must consider “whether Congress evinced an intention to preclude a waiver of judicial remedies for the statutory rights at issue.” . . .Plaintiff has made no showing in this regard. Moreover, the few courts that have considered the issue have found nothing in the text or legislative history of the TCPA to suggest that Congress intended TCPA claims to be non-arbitrable. See, e.g., Tuttle v. Sallie Mae, Inc., 2014 WL 545379, at *7 (N.D. Ind. Feb. 11, 2014) (citing Cyganiewicz v. Sallie Mae, Inc., 2013 WL 5797615, at *5–6 (D.Mass. Oct. 24, 2013)); Cayanan v. Citi Holdings, Inc., 928 F. Supp. 2d 1182, 1207-08 (S.D. Cal. 2013) (citing cases).  Accordingly, the court finds that plaintiff has not met her burden of establishing a congressional intent to preclude waiver of judicial remedies for TCPA claims.