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Krulee v. Receivables Performance Management, LLC

United States District Court, N.D. California

June 11, 2015

DANA SCOTT KRULEE, Plaintiff,
v.
RECEIVABLES PERFORMANCE MANAGEMENT, LLC, et al., Defendants.

ORDER GRANTING MOTION TO COMPEL ARBITRATION AND DISMISSING CASE Re: Dkt. No. 51

RONALD M. WHYTE, District Judge.

Receivables Performance Management, LLC ("RPM") and Jefferson Capital Systems, LLC ("Jefferson Capital") (collectively "defendants") filed a motion pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. ("FAA"), to compel arbitration. Dkt. No. 50; Dkt. No. 56-1. Plaintiff opposes on the basis that defendants have not shown that than an agreement to arbitrate exists between the parties. Dkt. No. 62. For the reasons explained below, the court GRANTS the motion to compel arbitration and dismisses the case.

I. BACKGROUND

A. Factual Background

Krulee brought this purported class action asserting claims against defendants under the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. ("FDCPA"). See Dkt. No. 1 ("Compl."). Krulee's claims arise out of defendants' communications attempting to collect Krulee's delinquent credit card account that originated with First National Bank of Omaha ("FNBO"). Id. [1]

In 2005, Krulee opened a credit card account with Fleet Bank. In July 2005, the Fleet Bank credit card account was transferred to FNBO and became the "Emerge Card." It appears that the account was not in default when it was transferred from Fleet Bank to FNBO. When the credit card account was transferred to FNBO, Krulee was sent a "Welcome Letter" and was provided with the new "Terms and Conditions" that governed the Emerge Card. See Dkt. No. 51-1 ("Ryan Decl.") at ¶ 5. The "Welcome Letter" stated:

Welcome to Emerge®! Recently, your Fleet Bank (RI), National Bank ("Fleet"), MasterCard® or Visa® account was acquired by First National Bank of Omaha ("FNBO") and effective June 6, 2005 will be replaced with a NEW FNBO Emerge MasterCard or Visa account, as appropriate.
...
New account terms will apply. The terms and conditions governing your new FNBO Emerge account are set forth in the enclosed Important Notice and the Summary of Terms on the back of this card carrier, both of which are incorporated here by reference. These new terms and conditions differ from the terms and conditions governing your old Fleet credit card account and will become effective as to transferred balances and new transactions on July 1, 2005, unless you decline these terms as provided below. Your new FNBO Emerge terms reflect a different governing law provision, different arbitration provisions, new foreign transaction procedures as the result of recent changes in card association rules, and a new Foreign Transaction Fee Finance Charge....
Your right to decline new account terms. The new terms reflected in the enclosed Important Notice and on your Summary of Terms will become effective as to existing balances and new transactions on July 1, 2005, unless you decline these terms. You must decline our offer by June 30, 2005 by calling 1-866-646-7027....

Dkt. No. 51-1, Ryan Decl. Ex. A, Welcome Letter (bold in original).

The Emerge Terms and Conditions included the following arbitration provision:

ARBITRATION PROVISION (AGREEMENT TO ARBITRATE CLAIMS)
Any claim, dispute or controversy (whether in contract, tort, or otherwise) at any time arising from or relating to your Account, any transferred balance or this Agreement (collectively, "Claims"), upon the election of you or us, will be resolved by binding arbitration pursuant to this Arbitration Provision and the Code of Procedure ("NAF ...

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