ROBIN L. ROSENBERG, District Judge.
This cause is before the Court on Defendant's Motion to Dismiss and/or Compel Arbitration, filed at docket entry 71. The Motion has been fully briefed. For the reasons set forth below, the Motion is denied.
Defendant's Motion first requests that this Court compel Plaintiff to arbitrate his claims. Putting aside the question of whether Plaintiff can meet some of the elements necessary to invoke arbitration, one particular issue precludes Plaintiff from seeking arbitration—Plaintiff is not a signatory to any agreement to arbitrate with Defendant. Although the doctrine of equitable estoppel permits a non-signatory to compel arbitration in special circumstances, a non-signatory may only do so when "the [plaintiff] signatory `must rely on the terms of the written agreement in asserting its claim' against a non-signatory party." MS Dealer Serv. Corp. v. Franklin, 177 F.3d 942, 947 (11th Cir. 1999). The operative inquiry is whether the plaintiff's allegations and cause of action are sufficiently intertwined with the agreement to arbitrate such that plaintiff should be estopped from avoiding the agreement to arbitrate. See Ragone v. Atl. Video, 595 F.3d 115, 126-27 (2d Cir. 2010). This does not mean, however,
Id. at 127 (citing Sokol Holdings, Inc. v. BMB Munai, Inc., 542 F.3d 354, 359 (2d Cir. 2008)). Plaintiff has cited a plethora of authority for the proposition that courts do not consider FDCPA claims the type of claims that may invoke arbitration through equitable estoppel. Mims v. Global Credit & Collection Corp., 803 F.Supp.2d 1349 (S.D. Fla. 2011) (holding defendant could not compel arbitration of FDCPA claims under theory of equitable estoppel, since FDCPA claims were not sufficiently intertwined with the terms of the credit agreement); Fox v. Nationwide Credit, Inc., No. 09-cv-7111, 2010 WL 3420172 (N.D. Ill. Aug. 25, 2010); Bontempo v. Wolpoff & Abramson, L.L.P., No. 06-745, 2006 WL 3040905 (W.D. Pa. Oct. 24, 2006). In response, Defendant does not cite to a single case
Defendant also requests that this Court dismiss Plaintiff's claims because Plaintiff does not have standing to pursue his claims. Defendant argues that Plaintiff does not have standing to pursue his FDCPA claims because he has not alleged a concrete injury other than Defendant's facial violation of the FDCPA statute, citing to Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016) (holding that a bare procedural violation, without more, does not confer standing upon a plaintiff). This is an argument that has been raised many times, and rejected many times, in this district. This Court ruled on the instant Plaintiff's argument in Maximiliano v. Portfolio Recovery Associates, LLC, No. 17-CV-80342 (S.D. Fla. Aug. 7, 2017). The Court sided with cases such as Michael v. HOVG, LLC, 232 F.Supp.3d 1229 (S.D. Fla. Jan. 10, 2017) (relying upon Church v. Accretive Health, Inc., 654 F. App'x 990 (11th Cir. 2016)). Stated succinctly, the Court held that cases such as HOVG and Church stand for the proposition that FDCPA violations such as the violations in the instant case are not merely procedural violations, and instead those FDCPA violations go the substance of what the FDCPA requires. See Maximiliano, 12-CV-80342 at DE 28, page 6. As a result, Plaintiff has alleged a concrete injury and Spokeo does not preclude Plaintiff's claims. See id. Courts in this district routinely conclude that FDCPA plaintiffs have standing, even when the plaintiff has not suffered an injury in the conventional, financial, sense. See, e.g., Lambe v. Allgate Fin., LLC, No. 16-cv-24407, 2017 WL 3115755 (S.D. Fla. July 20, 2017). As a result, Defendant's Motion to Dismiss is denied.
For the foregoing reasons, it is