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Lee v. First Premier Bank, 8:19-cv-1102-T-36TGW. (2019)

Court: District Court, M.D. Florida Number: infdco20190605e57 Visitors: 11
Filed: Jun. 03, 2019
Latest Update: Jun. 03, 2019
Summary: ORDER CHARLENE EDWARDS HONEYWELL , District Judge . This matter comes before the Court upon Defendant First Premier Bank's Motion to Stay Action and Compel Arbitration (Doc. 12), filed on May 30, 2019. Plaintiff filed this action alleging violations of the Florida Consumer Collection Practices Act, Florida Statutes 559.55-559.785, and the Telephone Consumer Protection Act, 47 U.S.C. 227, regarding automated collection calls Defendant made to her cellular telephone. Defendant contends
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ORDER

This matter comes before the Court upon Defendant First Premier Bank's Motion to Stay Action and Compel Arbitration (Doc. 12), filed on May 30, 2019. Plaintiff filed this action alleging violations of the Florida Consumer Collection Practices Act, Florida Statutes §§ 559.55-559.785, and the Telephone Consumer Protection Act, 47 U.S.C. § 227, regarding automated collection calls Defendant made to her cellular telephone. Defendant contends that Plaintiff's claims are subject to mandatory arbitration under the "Cardholder Agreement," and "Initial Disclosures" which pertain to all disputes arising out of or related to a credit card account, including claims sounding in tort, contract, or statutory law. Plaintiff does not oppose the motion. The Court, having considered the motion and being fully advised in the premises, will grant Defendant First Premier Bank's Motion to Stay Action and Compel Arbitration.

Accordingly, it is hereby ORDERED

1. The Motion to Stay Action and Compel Arbitration (Doc. 12) is GRANTED.

2. Plaintiff is compelled to arbitrate her claims against Defendant. Therefore, the parties shall arbitrate this matter in accordance with the Cardholder Agreement.

3. This action is STAYED pending the completion of arbitration.

4. The parties shall file a notice informing the Court that the arbitration has been concluded, or that their dispute has otherwise been resolved, within FOURTEEN (14) DAYS of either of such event and immediately dismiss this case, if appropriate.

5. The Clerk is directed to terminate all pending motions and deadlines and administratively close this case.

DONE AND ORDERED.

Source:  Leagle

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