United States District Court, S.D. California
ORDER: (1) GRANTING DEFENDANT'S MOTION TO COMPEL ARBITRATION AND STAY LITIGATION [Dkt. No. 6.] (2) VACATING HEARING DATE INTRODUCTION
GONZALO P. CURIEL, District Judge.
Plaintiff Kristin Cote ("Plaintiff) filed this action against Defendant Barclays Bank Delaware ("Defendant") arising from Defendant's attempts to collect on Plaintiff's credit card debt. Before the Court is Defendant's Motion to Compel Arbitration and Stay Litigation. (Dkt. No. 6.) Plaintiff has filed a statement of non-opposition. (Dkt. No. 8.) The Court finds the matter suitable for resolution without oral argument pursuant to Local Civil Rule 7.1(d)(1). For the reasons set out below, the Court GRANTS Defendant's Motion to Compel Arbitration and Stay Litigation.
In December 2012, Plaintiff applied for a credit card with Defendant. (Dkt. No. 6-1 at 2 ¶ 4.) Defendant approved Plaintiff's application and issued a credit card account to Plaintiff. ( Id. ¶ 5) Plaintiff defaulted on the account, and alleges that, in attempting to collect this debt, Defendant harassed Plaintiff by frequently calling her on both her cellular and landline telephones, despite Plaintiff's requests to stop. (Dkt. No. 1 at ¶¶ 15-24.)
Defendant provides the Court with evidence of an agreement to arbitrate, contained in the Cardmember Agreement. (Dkt. No. 6-1 at 2 ¶ 5.) Specifically, the arbitration provision of the Cardmember Agreement provides in relevant part:
At the election of either you or us, any claim, dispute or controversy ("Claim") by either you or us against the other, arising from or relating in any way to this Agreement or your Account, or their establishment, or any transaction or activity on your Account, including (without limitation) Claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as otherwise specifically provided in this Agreement) Claims regarding the applicability of this arbitration provision or the validity of the entire Agreement, shall be resolved exclusively by arbitration.
( Id. at 11.)
The arbitration provision also designates the governing law: "This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16." ( Id. )
The Cardmember Agreement provides that "[b]y signing, keeping, using or otherwise accepting your Card or Account, you agree to the terms and conditions of this Agreement." ( Id. at 7.)
On October 7, 2014, Plaintiff filed this action against Defendant for violation of the Rosenthal Fair Debt Collection Practices Act ("RFDCPA"), Cal. Civ. Code § 1788, violation of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, and intrusion into her privacy. (Dkt. No. 1.)
On November 13, 2014, Defendant filed the instant Motion to Compel Arbitration and Stay Litigation. (Dkt. No. 6.) On November 24, 2014, Plaintiff filed a statement of ...