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Clarke v. Alltran Fin. LP

Collection Firm Can Compel Arbitration Under Credit Card Compact Language, as Bank's Agent

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MEMORANDUM AND ORDER

*1  Plaintiff Donovan J. Clarke (“plaintiff” or “Clarke”) brings this putative class action against Alltran Financial, LP, formerly known as United Recovery Systems, LP (“defendant” or “Alltran”) under the Fair Debt Collection Practices Act (“the FDCPA”), 15 U.S.C. §1692 et seq. Clarke claims that Alltran violated the FDCPA by sending him an allegedly false and misleading debt collection letter relating to amounts owed on his Citibank credit card. Presently before the Court is Alltran’s motion to compel arbitration on an individual basis under the credit card agreement between Clarke and Citibank — to which Alltran is not a signatory. The parties’ dispute centers on whether Alltran, as a non-signatory, can compel arbitration under that agreement. Alltran asserts that it can compel arbitration (1) based on the plain language of the card agreement; (2) as a third-party beneficiary; (3) as Citibank’s agent; and (4) under the doctrine of equitable estoppel. Clarke, in turn, disputes each of these grounds.For the reasons that follow, the Court concludes that Alltran can compel arbitration under the card agreement’s plain language, and, alternatively, as Citibank’s agent. Because the Court concludes that Alltran can compel arbitration on these grounds, it does not reach Alltran’s additional grounds.

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