Emmanuel Jarrell v. Truist Bank

District Court, M.D. Florida·Decided July 20, 2026·No. 5:26-cv-00039·Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

EMMANUEL JARRELL,

Plaintiff,

v. Case No: 5:26-cv-39-SPC-PRL

TRUIST BANK,

Defendant.

ORDER This cause, upon referral,1 comes before the Court on an Amended Motion to Compel Arbitration and to Stay Case (“Amended Motion to Compel Arbitration”) filed by Defendant Truist Bank (“Defendant” or “Truist”). (Doc. 25).2 Plaintiff responded in opposition. (Doc. 29). With leave of Court, Defendant filed a reply brief in support of its Amended Motion to Compel Arbitration. (Doc. 33). Upon due consideration, Defendant’s Amended Motion to Compel Arbitration is granted, and the case is stayed pending arbitration.

1 “Because a motion to compel arbitration does not address the merits of the dispute but merely changes the forum, it is a non-dispositive matter that does not require a report and recommendation.” Eugene v. Ciox Health LLC, No. 2:24-cv-944-SPC-KCD, 2024 WL 4869504, at *1 n.3 (M.D. Fla. Nov. 22, 2024) (citing Soriano v. Experian Info. Sols., Inc., No. 2:22-cv-197-SPC-KCD, 2022 WL 17551786, at *1 (M.D. Fla. Dec. 9, 2022)). 2 Defendant initially moved to compel arbitration and stay the case on March 20, 2026. (Doc. 17). After Plaintiff filed an amended complaint (Doc. 22) on April 8, 2026, Defendant filed the instant Amended Motion to Compel Arbitration (Doc. 25) on April 23, 2026. I. BACKGROUND On September 13, 2018, Plaintiff opened a bank account ending in 4424 (the “Account”) with Truist’s predecessor, SunTrust Bank (“SunTrust”), and signed a Personal Account Signature Card (“Signature Card”). (See Doc. 25 at p. 3; see also Doc. 25-1 at pp. 2,

5).3 The Signature Card stated that “[i]t is agreed that all transactions between the Bank and the above signed shall be governed by the rules and regulations for this account and the above signed hereby acknowledge(s) receipt of such rules and regulations and the funds availability policy.” (See Doc. 25 at p. 3; see also Doc. 25-1 at p. 5) Importantly, the Rules and Regulations for Deposit Accounts (“Rules and Regulations”) governing the Account, provided that “[o]nce the Account is opened, you agree to be bound by these rules and regulations and that the rules and regulations will continue to govern your Account and your relationship with us even after your Account is closed.” (See Doc. 25 at p. 3; see also Doc. 25-1 at pp. 2, 8). According to the Rules and Regulations

applicable to the Account at the time, the rules and regulations “may change from time to time” and those updated rules and regulations will govern the Account. (See Doc. 25 at pp. 3- 4; see also Doc. 25-1 at p. 8). The original Rules and Regulations contained an Arbitration Agreement and explained that a cardholder could opt out of the Arbitration Agreement by sending a written notice within 45 days of opening the Account. (See Doc. 25 at p. 4; see also Doc. 25-1 at pp. 3, 20-22). According to Truist, Plaintiff chose not to do so, as it has no record of receipt of any written rejection or opt-out of the Arbitration Agreement associated with the

3 Defendant claims that Plaintiff “opened multiple deposit accounts” with Truist and SunTrust, but Defendant does not provide any further information or context on these other accounts. (See Doc. 25 at p. 2). Account. (See Doc. 25 at p. 4; see also Doc. 25-1 at p. 3). Instead, Plaintiff kept the Account open and continued to use it. During Plaintiff’s use of the Account, the Rules and Regulations were updated in July 2020 to reflect SunTrust’s merger with BB&T to form Truist. (See Doc. 25 at p. 4; see also Doc.

25-1 at pp. 2-3, 46-103). Defendant sent notice of these changes to Plaintiff through his account statements for the Account. (See Doc. 25 at p. 4; see also Doc. 25-1 at pp. 2-3, 36-40, 42-44). The updated Rules and Regulations contained an Arbitration Agreement, which stated, in pertinent part, the following: Claims Subject to Arbitration. A ‘Claim’ subject to arbitration is any claim, dispute or controversy between you and us (other than an Excluded Claim or Proceeding as set forth below), whether preexisting, present or future, which arises out of or relates to the Account, these rules and regulations, any transaction conducted with us in connection with the Account or these rules and regulations, or our relationship. ‘Claim’ has the broadest possible meaning and includes initial claims, counterclaims, cross-claims, third-party claims and federal, state, local and administrative claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity and includes claims for money damages and injunctive or declaratory relief. ‘Claim’ also includes disputes concerning communications involving telephones, cell phones, automatic dialing systems, artificial or prerecorded voice messages, text messages, emails or facsimile machines and alleged violations of the Telephone Consumer Protection Act and other statutes or regulations involving telemarketing. Upon the demand of you or us, Claim(s) will be resolved by individual (not class or class-wide) binding arbitration in accordance with the terms specified in this arbitration agreement.

Special Definition of ‘We,’ ‘Us’ and ‘Our.’ Solely for purposes of this arbitration agreement, the terms ‘we,’ ‘us’ and ‘our[]’ . . . refer to SunTrust’s employees, officers, directors, parents, controlling persons, subsidiaries, affiliates, successors and assigns. ‘We,’ ‘us’ and ‘our’ also apply to third parties if you assert a Claim against such third parties in connection with a Claim you assert against us. . . .

Class Action Waiver. Notwithstanding any other provision of these rules and regulations, if either you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. . . .

Severability and Survival. This arbitration agreement shall survive the closing of your Account and the termination of any relationship between us, including the termination of these rules and regulations. . . .

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Emmanuel Jarrell v. Truist Bank, (M.D. Fla. 2026).

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