Mims v. Global Credit & Collection Corp.

803 F. Supp. 2d 1349, 2011 U.S. Dist. LEXIS 90220, 2011 WL 3586056
CourtDistrict Court, S.D. Florida
DecidedAugust 12, 2011
DocketCase No. 10-23830-CIV
StatusPublished
Cited by12 cases

This text of 803 F. Supp. 2d 1349 (Mims v. Global Credit & Collection Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mims v. Global Credit & Collection Corp., 803 F. Supp. 2d 1349, 2011 U.S. Dist. LEXIS 90220, 2011 WL 3586056 (S.D. Fla. 2011).

Opinion

ORDER

CECILIA M. ALTONAGA, District Judge.

THIS CAUSE came before the Court on Defendant, Global Credit & Collection Corporation’s (“Globalf’s]”) Motion to Compel Arbitration (“Motion”) [ECF No. 35], filed on June 23, 2011. The Court has carefully considered the parties’ written submissions and applicable law.

I. BACKGROUND

This case arises from Global’s attempt to collect a debt allegedly owed by Plaintiff under a credit agreement between Plaintiff and Capital One Bank (U.S.A.), N.A. (“Capital One”). On October 22, 2010, Plaintiff, Marcus D. Mims, filed a Complaint [ECF No. 1] against Global alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”) and the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (“TCPA”). In particular, Plaintiff alleges Global left numerous telephone messages on Plaintiffs voicemail in which Global “failed to inform Plaintiff ... that the communication was from a debt colleetor[,] failed to disclose the purpose of Defendant’s messages and failed to disclose Defendant’s name.” (Compl.1ffl 9-12). Global now seeks to compel arbitration of this dispute pursuant to an arbitration provision contained in Plaintiffs Customer Agreement (“Agreement”) [ECF No. 35-1] with Capital One. (See Mot. 1).

[1352]*1352A.Customer Agreement

Plaintiff entered into the Agreement with Capital One in 2005 when he opened a revolving credit account. The Agreement identifies the rights and responsibilities of the parties with regard to Mims’s Capital One credit card account. For example, it allows Capital One to transfer the account and its rights under the Agreement to an assignee. (See Agreement 6). The Agreement also contains an Arbitration Provision that states:

You and we agree that either you or we may, at either party’s sole election, require that any Claim (as defined below) be resolved by binding arbitration.
“Claim” means any claim, controversy, or dispute of any kind or nature between you and us.
A. This definition includes, without limitation, any Claim that in any way arises from or relates to:
• the Agreement and any of its terms
• this Arbitration Provision....
• any billing or collections matters relating to your account....
• any other matters relating to your account or your relationship with us

(Agreement 8) (emphasis in original). The Agreement indicates that, when used in the contract, “the words ‘we,’ ‘us’ and ‘our’ mean Capital One Bank and its successors, assigns, agents and/or authorized representatives.” (Id. 6).

B. Sale of Capital One Accounts to Equable Ascent Financial, LLC

In June 2009, Capital One sold and assigned Plaintiffs Account to Equable Ascent Financial, LLC f/k/a Hilco Receivables, LLC (“EAF”). (See Mot. 2). EAF is in the business of purchasing revolving credit accounts, installment accounts and/or other credit lines from credit issuers. (See Decl. of Greg Neely ¶ 5 [ECF No. 35-2]). After it purchases accounts, EAF then attempts to collect the unpaid balances on those accounts. (See id.). The June 2009 sale of the accounts from Capital One to EAF is evidenced by a Bill of Sale [ECF No. 35-3], in which Capital One “sells, assigns, and transfers all right, title and interest in the Accounts identified ... to [EAF].” (Bill of Sale 2). One of the accounts identified as transferred by the Bill of Sale is Plaintiffs revolving credit account with Capital One. (See id. 3; Decl. of Greg Neely ¶ 8).

C.EAF’s Hiring of Global

Around July 6, 2009, EAF retained Global to collect the unpaid balance on Plaintiffs account. (See id.). In its ordinary course of business, Global attempts to collect unpaid balances on revolving credit accounts, installment accounts and/or other credit lines. (See Decl. of Daniele Depaolis ¶ 5 [ECF No. 35-4]). The relationship between Global and EAF is governed by the Third Party Collection Services Agreement (“CSA”) [ECF No. 42-1] entered into by them on June 22, 2006. In the CSA, Global agrees to perform debt collection services for EAF in exchange for payment. (See CSA).

II. LEGAL STANDARD

The Federal Arbitration Act (“FAA”) establishes a general federal policy favoring arbitration. See Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 217-18, 105 S.Ct. 1238, 84 L.Ed.2d 158 (1985). In particular, Section 2 of the FAA requires the enforcement of arbitration clauses in contracts covered by the provisions of the Act, stating:

A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transac[1353]*1353tion, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, 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 Supreme Court has recognized that “Section 2 is a congressional declaration of a liberal federal policy favoring arbitration agreements, notwithstanding any state substantive or procedural policies to the contrary.” Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983). The FAA further provides that

[i]f any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.

9 U.S.C. § 3. Still, “[w]hile there is a liberal federal policy favoring arbitration agreements, ‘the FAA’s strong proarbitration policy only applies to disputes that the parties have agreed to arbitrate.’ ” Becker v. Davis, 491 F.3d 1292, 1298 (11th Cir.2007) (quoting Klay v. All Defendants, 389 F.3d 1191

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803 F. Supp. 2d 1349, 2011 U.S. Dist. LEXIS 90220, 2011 WL 3586056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mims-v-global-credit-collection-corp-flsd-2011.