COURT REFUSES TO COMPEL ARBITRATION ABSENT SUFFICIENT PROOF THAT PLAINTIFF WAS BOUND BY ARBITRATION CLAUSE
Plaintiff brought a putative class action lawsuit alleging violations of the Telephone Consumer Protection Act of 1991. Plaintiff claimed that she received numerous debt collection calls to her cell phone, notwithstanding that she never owned a credit card issued by Citibank. Citibank moved to compel arbitration, arguing that plaintiff held a ConocoPhilips branded credit card it had issued and that plaintiff’s written card agreement contained a governing arbitration clause. The court denied Citibank’s motion to compel, holding that Citibank had produced only representative samples of card agreements in support of its motion, and insufficient information to link such a card agreement to an account held by plaintiff. Gonzalez v. Citigroup, Inc., Case No. 2:11-00795 (USDC E.D. Cal. Sept. 19, 2011).
This post written by Ben Seessel.
