Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bowers v. Citibank, N.A.

United States District Court, W.D. North Carolina, Charlotte Division

October 19, 2017

WILLIAM BOWERS and TRACY BOWERS, Plaintiffs,
v.
CITIBANK, N.A. and ALLIANCEONE RECEIVABLES MANAGEMENT, INC., Defendants, Defendant.

          Travis E. Collum Attorney for Plaintiffs COLLUM & PERRY, PLLC

          Donald R. Pocock Attorney for Citibank, N.A. NELSON MULLINS RILEY & SCARBOROUGH LLP

          Caren D. Enloe, Attorney for AllianceOne Receivables Management, Inc. SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP

          CONSENT ORDER GRANTING MOTION TO STAY AND COMPEL ARBITRATION

          Graham C. Mullen, United States District Judge.

         This matter comes before the Court upon the motion of defendant Citibank, N.A. (“Citibank”) for entry of an order compelling the Plaintiff's claims in this matter to arbitration and to stay these proceedings pending a resolution of the arbitration (the “Motion”). Contemporaneous with the Motion, Citibank filed a Memorandum in Support of the Motion to Compel Arbitration and Stay the Case and the Declaration of Kelly Booth. All parties consent to the Motion and the entry of this order.

         Based upon a review of the record, the contents of the Motion, the Memorandum in support of the Motion, and the Declaration of Kelly Booth, and noting the consent of all Parties, the Court finds and concludes and concludes as follows:

         1. This dispute was filed by Plaintiff on July 26, 2017 in Union County Superior Court against Citibank, a national bank and credit card issuer, for alleged violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), the North Carolina Debt Collection Act, N.C. Gen. Stat. §§ 75-50, et seq. (“NCDCA”), and the North Carolina Prohibited Practices by Collection Agencies Act, N.C. Gen. Stat. §§ 58-70-90 et seq. Also named as a defendant in the action is AllianceOne Receivables Management, Inc. (“AllianceOne”), who allegedly attempted to collect accounts of Citibank.

         2. Plaintiff William Bowers has three credit card accounts with Citibank ending in 2453, 0439, and 5140. Plaintiff Tracy Bowers is an authorized user of the 5140 account. Each of the accounts is subject to written terms and conditions as reflected in card agreements (the “Card Agreements”), as amended from time to time.

         3. The Card Agreements include a choice of law provision providing for the application of federal law and the law of South Dakota, where Citibank is located.

         4. The Card Agreements also contain a binding arbitration agreement (the “Arbitration Agreements”).

         5. The Arbitration Agreements are identical and provide that either party can elect mandatory binding arbitration as follows (in salient part):

ARBITRATION:
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.