Jarry v. Allied Cash Advance Virginia, L.L.C.

175 F. Supp. 3d 622, 2016 U.S. Dist. LEXIS 41775, 2016 WL 1249618
District Court, W.D. Virginia·Decided March 29, 2016·No. CIVIL NO. 6:15-CV-00045·Published

Opinion

MEMORANDUM OPINION

NORMAN K. MOON, UNITED STATES DISTRICT JUDGE

This matter is before the Court on Defendant’s motion to dismiss, or in the alternative, to stay the action and compel arbitration. Dkt. 4. Plaintiff Tammy Jarry filed this action against Allied Cash Advance Virginia, LLC (“Allied”) for alleged violations of the Truth in Lending Act (“TILA”), Virginia Consumer Finance Act, and Virginia’s usury law, seeking to recover statutory damages, the cost of the action, and attorney’s fees. Allied asserts that the contract at issue contains a valid arbitration agreement; therefore, this action should proceed to arbitration. Because the arbitration agreement is valid and enforceable, I will grant Defendant’s motion and dismiss this action so that it can proceed to arbitration.1

I. Factual Background

On March 24, 2014, the Plaintiff, Jarry, drove to an Allied Cash Advance located in Lynchburg, Virginia, to obtain a loan. Compl. ¶ 19. Jarry submitted an application, was approved, and signed the Line of Credit Agreement and Plan (“Contract”) currently in dispute. Id. Jarry borrowed $300 via the contract, but paid an estimated $500 in payments, at an interest rate of 273.75%. Id. ¶ 23, 45.

The contract includes an arbitration agreement (“Agreement”),2 which permits either party to elect arbitration regarding “all claims arising from or relating to this Agreement or any other agreement that you and we have ever entered into.” Dkt. 1-3 at 1. The agreement states: “[Y]ou and we agree to arbitrate any Claim if the person or entity against whom a Claim is asserted elects to arbitrate the Claim.” Dkt. 1-3 at 1. The term “claim” includes “any claim, dispute, or controversy arising from or relating to this Agreement, this Transaction, any other agreement or transaction that we have ever entered into or completed, or any other conduct or dealing between you and us.” Dkt. 1-3 at 4, ¶ 1. Among other provisions, the agreement expressly limits the Plaintiff in that they “may not join or participate in a class action, act as a class representative or a private attorney general, or consolidate [their] Claim with the claims of others.” Id. at 1 (emphasis added). The agreement later reiterates that “[njeither [the Plaintiff] [n]or we may join or participate in a class action, act as a class representative or a private attorney general-” Id. at 4, ¶ 2.

II. Legal Standard

a. Compelling Arbitration through the Federal Arbitration Act (FAA)

The Federal Arbitration Act (“FAA”) establishes a presumption of validity for arbitration agreements, the overarching federal policy regarding arbitration, and the procedural guidelines for litigating arbitration disputes. See 9 U.S.C. § 1 et seq.

[624] Under the FAA, a written agreement to submit a dispute to arbitration “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2. The United States Supreme Court has acknowledged the presumptive validity of arbitration agreements and reaffirmed that the PAA “reflects an emphatic federal policy in favor of arbitral dispute resolution.” Marmet Health Care Ctr., Inc. v. Broum, - U.S. -, 132 S.Ct. 1201, 1203, 182 L.Ed.2d 42 (citing KPMG LLP v. Cocchi, - U.S. -, 132 S.Ct. 23, 25, 181 L.Ed.2d 323 (2011) (per curium)) (quoting Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 631, 105 S.Ct. 3346, 87 L.Ed.2d 444 (1985)); see also Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 217, 105 S.Ct. 1238, 84 L.Ed.2d 158 (1985).

Moreover, the FAA allows those subject to an arbitration agreement to “petition any United States district court ... for an order directing that such arbitration proceed in the manner provided for in such agreement.” 9 U.S.C. § 4. In the event that a suit has already been brought in circumvention of an arbitration agreement, the FAA instructs courts to stay the action for “any issue referable to arbitration under an agreement in writing for such arbitration.” 9 U.S.C. § 3.

Lastly, as it pertains to the interpretation of an arbitration agreement, the Supreme Court has recognized that the FAA establishes “as a matter of federal law, [that] any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waivei*, delay, or a like defense to arbitrability.” Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24-25, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983).

b. Fourth Circuit’s Adkins Test to Compel Arbitration

The United States Court of Appeals for the Fourth Circuit, in Adkins v. Labor Ready, Inc., delineated a four element test for determining whether a party can compel arbitration under the FAA. 303 F.3d 496, 500-01 (4th Cir.2002). The test requires: (1) “the existence of .a dispute between the parties”; (2) “a written agreement that includes an arbitration provision which purports to cover the dispute”; (3) “the relationship of the transaction, which is evidenced by the agreement, to interstate or foreign commerce”; and (4) “the failure, neglect or refusal of the [plaintiff] to arbitrate the dispute.” Id. (citing Whiteside v. Teltech Corp., 940 F.2d 99, 102 (4th Cir.1991)).

III. Discussion

a. The agreement requires this dispute to be resolved in arbitration.

Neither party contents that: (1) a dispute exists between Jarry and Allied; (2) there is a relationship between the loan received by Jarry and interstate commerce; and (3) Jarry is refusing to arbitrate the dispute. Therefore, the only contention of the parties is “whether a written agreement exists that covers the dispute.” Adkins, 303 F.3d at 500-01.

Free access — add to your briefcase to read the full text and ask questions with AI

Jarry v. Allied Cash Advance Virginia, L.L.C., 175 F. Supp. 3d 622, 2016 U.S. Dist. LEXIS 41775, 2016 WL 1249618 (W.D. Va. 2016).

175 F. Supp. 3d 622 (Jarry v. Allied Cash Advance Virginia, L.L.C.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Dean Witter Reynolds Inc. v. Byrd
470 U.S. 213 (Supreme Court, 1985)
Green Tree Financial Corp.-Alabama v. Randolph
531 U.S. 79 (Supreme Court, 2000)
Kpmg LLP v. Cocchi
132 S. Ct. 23 (Supreme Court, 2011)
Marmet Health Care Center, Inc. v. Brown
132 S. Ct. 1201 (Supreme Court, 2012)
Aggarao v. MOL SHIP MANAGEMENT CO., LTD.
675 F.3d 355 (Fourth Circuit, 2012)
Camacho v. Holiday Homes, Inc.
167 F. Supp. 2d 892 (W.D. Virginia, 2001)
James Hayes v. Delbert Services Corporation
811 F.3d 666 (Fourth Circuit, 2016)
Whiteside v. Teltech Corp.
940 F.2d 99 (Fourth Circuit, 1991)