WILLIAMS, J.
Green Tree Servicing, LLC (Green Tree) appeals the circuit court's order finding Cynthia Hall and Robert Ballentine's (Respondents) statutory claims against Green Tree for violations of claim and delivery proceedings and notification provisions were not subject to mandatory arbitration. We reverse.
On March 12, 1999, Hall was granted title to property in Blythewood, South Carolina, by her father, Ballentine. On or around June 10, 1999, Hall completed a license application for a mobile home, listing herself and Ballentine as co-owners. On July 6, 1999, Respondents entered into a credit and sale contract (the Contract) with Green Tree through which the parties agreed Green Tree would finance Respondents' purchase of a mobile home. Under the terms of the Contract, Green Tree agreed to loan Respondents approximately $68,000 with an adjustable interest rate. Hall agreed to serve as the primary obligor with Ballentine as the secondary obligor.
The Contract contained the following arbitration clause:
At some point after signing the Contract, Respondents defaulted on their monthly payments. On May 16, 2012, Green Tree repossessed the home. Green Tree sold the home on June 11, 2012.
On October 30, 2012, Respondents filed a complaint against Green Tree alleging breach of contract and unjust enrichment. Additionally, Respondents raised claims for violation of claim and delivery proceedings
On June 3, 2013, the circuit court issued an order granting Green Tree's motion to dismiss in part and denying the motion in part. The circuit court found it did not have subject matter jurisdiction over Respondents' claims for breach of contract
Did the circuit court err in finding the statutory claims were not subject to mandatory arbitration?
"Arbitrability determinations are subject to de novo review." Dean v. Heritage Healthcare of Ridgeway, LLC, 408 S.C. 371, 379, 759 S.E.2d 727, 731 (2014) (emphasis omitted) (citing Bradley v. Brentwood Homes, Inc., 398 S.C. 447, 453, 730 S.E.2d 312, 315 (2012)). The circuit court's determination of whether a claim is subject to arbitration will not be reversed by an appellate court if the finding is reasonably supported by the evidence. York v. Dodgeland of Columbia, Inc., 406 S.C. 67, 78, 749 S.E.2d 139, 144 (Ct.App.2013). "[T]he party resisting arbitration bears the burden of proving that the claims at issue are unsuitable for arbitration." Dean, 408 S.C. at 379, 759 S.E.2d at 731(alteration in original) (quoting Green Tree Fin. Corp.-Ala. v. Randolph, 531 U.S. 79, 91, 121 S.Ct. 513, 148 L.Ed.2d 373 (2000)) (internal quotation marks omitted). "[A]ny doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration." Landers v. Fed. Deposit Ins. Corp., 402 S.C. 100, 109, 739 S.E.2d 209, 213 (2013) (citation and internal quotation marks omitted).
Green Tree argues the circuit court erred in finding the statutory claims are not subject to mandatory arbitration because (1) an arbitration clause does not need specific language stating it covers statutory claims, and (2) the statutory claims arise out of and are related to the Contract.
Green Tree argues the circuit court erred in finding an arbitration clause must include specific language stating it covers statutory claims. We agree.
In Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 625-28, 105 S.Ct. 3346, 87 L.Ed.2d 444 (1985), the U.S. Supreme Court rejected the petitioner's argument that an "arbitration clause must specifically mention the statute giving rise to the claims that a party to the clause seeks to arbitrate." In addressing whether claims arising under the Sherman Antitrust Act
Id. at 628, 105 S.Ct. 3346. Accordingly, the Court rejected the petitioner's proposed rule of arbitration clause construction and found specific language is not required for a statutory claim to be subject to an arbitration agreement. Id. More recently in CompuCredit Corp. v. Greenwood, ___ U.S. ___, ___, 132 S.Ct. 665, 673, 181 L.Ed.2d 586 (2012), the U.S. Supreme Court held a statutory claim arising out of the Credit Repair Organization Act (CROA)
Likewise, in Landers, 402 S.C. at 114, 739 S.E.2d at 216, our supreme court held the plaintiff's statutory claim for illegal proxy solicitation under section 33-7-220(i) of the South Carolina Code (2006) was subject to mandatory arbitration pursuant to the parties' arbitration agreement. In Landers, the arbitration agreement stated that "any controversy or claim arising out of [or] relating to this contract, or the breach thereof, shall be settled by binding arbitration." Id. at 104, 739 S.E.2d at 211 (emphasis omitted). In determining whether the illegal proxy solicitation claim was subject to the arbitration agreement, our supreme court did not create an exception requiring specific language for an arbitration clause to cover a statutory claim. Id. at 113-14, 739 S.E.2d at 215-16. In fact, the court's discussion focused on whether the claim arose out of the agreement, not whether it was a common law or statutory claim. Id.
Based upon our review of the applicable precedent, we find no specific language is necessary for an arbitration clause to encompass statutory claims. Therefore, in the instant case, the circuit court erred in finding the statutory claims were not subject to mandatory arbitration because the arbitration clause did not specifically state Respondents agreed to arbitrate statutory claims. See, e.g., Mitsubishi, 473 U.S. at 628, 105 S.Ct. 3346 (holding no specific language was required for a statutory claim to be subject to an arbitration agreement); CompuCredit, 132 S.Ct. at 673 (finding an arbitration clause without express language stating it encompassed statutory claims covered the plaintiff's statutory claims); Landers, 402 S.C. at 113-14, 739 S.E.2d at 215-16 (failing to find the statutory nature of a claim was a distinguishing factor in determining whether a claim was subject to arbitration).
Next, Green Tree argues the circuit court erred in concluding the statutory claims neither arose out of nor were related to the Contract. We agree.
Mitsubishi, 473 U.S. at 626, 105 S.Ct. 3346 (citation and internal quotation marks omitted). "[S]tatutory claims may be the subject of an arbitration agreement, enforceable pursuant to the FAA." Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 26, 111 S.Ct. 1647, 114 L.Ed.2d 26 (1991).
"Whether a party has agreed to arbitrate an issue is a matter of contract interpretation[,] and [a] party cannot be required to submit to arbitration any dispute which he has not agreed ... to submit." Landers, 402 S.C. at 108, 739 S.E.2d at 213 (alteration in original) (internal quotation marks and citation omitted). "There is a strong presumption in favor of the validity of arbitration agreements because of the strong policy favoring arbitration." Cape Romain Contractors, Inc. v. Wando E., LLC, 405 S.C. 115, 125, 747 S.E.2d 461, 466 (2013) (quoting Bradley, 398 S.C. at 455, 730 S.E.2d at 316) (internal quotation marks omitted).
In the instant case, the Contract's arbitration clause contains the following language:
First, we find Respondents' claim for violation of the claim and delivery proceedings statute is within the scope of the Contract's arbitration clause. In raising this claim, Respondents alleged Green Tree "failed to comply with the requisite formalities in undertaking an action in claim and
Next, we find Respondents' claim for violation of the statutory notification provisions is subject to mandatory arbitration. With regard to this claim, Respondents assert Green Tree failed to provide them with the notice required by statute to properly retake possession of the property. We find this claim arises out of the Contract because Green Tree reclaimed the property due to Respondents' failure to comply with the terms of the Contract. Accordingly, Respondents' claim for violation of the statutory notification provisions is within the scope of the Contract's arbitration clause and subject to mandatory arbitration.
Based on the foregoing, we reverse the circuit court's finding that the statutory claims were not subject to mandatory arbitration.
FEW, C.J., and HUFF, J., concur.