United States District Court, W.D. North Carolina, Charlotte Division
E. Collum Attorney for Plaintiffs COLLUM & PERRY, PLLC
R. Pocock Attorney for Citibank, N.A. NELSON MULLINS RILEY
& SCARBOROUGH LLP
D. Enloe, Attorney for AllianceOne Receivables Management,
Inc. SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP
CONSENT ORDER GRANTING MOTION TO STAY AND COMPEL
C. Mullen, United States District Judge.
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.
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:
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.
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.
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.
Card Agreements also contain a binding arbitration agreement
(the “Arbitration Agreements”).
Arbitration Agreements are identical and provide that either
party can elect mandatory binding arbitration as follows (in
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 ...