United States District Court, D. Nevada
JEFFREY W. HANSON, individually and on behalf of all others similarly situated, Plaintiff,
TMX FINANCE, LLC dba TITLE MAX OF NEVADA, INC.; TMX FINANCE OF NEAVADA, INC.; and TITLEMAX OF NEVADA, INC. dba TITLEMAX and/or TITLEMAX OF NEVADA, Defendants.
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
the Court are Defendant TitleMax of Nevada, Inc. dba
TitleMax's Motion to Compel Arbitration, ECF No. 7;
Motion to Stay Proceeding and Strike All Class Allegations,
ECF No. 8; and Motion for Leave to File Supplemental
Authority, ECF No. 16.
Jeffrey Hanson sues Defendant for negligent and knowing or
willful violations of the Telephone Consumer Protection Act,
47 U.S.C. § 227, et seq. ECF No. 1. Defendant
now moves to compel arbitration. ECF No. 7. Plaintiff opposed
the motion, and Defendant replied. ECF Nos. 9, 12.
alternatively moves to stay the matter pending arbitration
and to strike all class allegations in the Complaint. ECF No.
8. Plaintiff opposed, and Defendant replied. ECF Nos. 10, 12.
The Court previously ruled on the Motion to Stay in part,
staying the matter pending resolution of the Motion to Compel
Arbitration and deferring the request to strike all class
allegations. ECF No. 15.
most recently seeks leave to file supplemental authority to
support the Motion to Compel Arbitration. ECF No. 16.
Court makes the following findings of fact. Plaintiff
completed an application to obtain a short-term loan with
Defendant on November 2, 2017. The application contains an
arbitration clause, which states:
NOTICE OF ARBITRATION AGREEMENT: EACH APPLICANT WHO SUBMITS A
FULL CREDIT APPLICATION WILL BE REQUIRED TO ENTER INTO A
SEPARATE WAIVER OF JURY TRIAL AND ARBITRATION AGREEMENT (THE
“ARBITRATION AGREEMENT”) WITH TITLEMAX AS A
CONDITION TO SUBMITTING THIS CREDIT APPLICATION AND IN
CONSIDERATION OF TITLEMAX ACCEPTING AND CONSIDERING THIS
CREDIT APPLICATION. YOU MAY OPT-OUT OF ARBITRATION AS
DESCRIBED IN THE ARBITRATION AGREEMENT. ARBITRATION REPLACES
THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY
TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR
IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A
REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY
CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY
GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO
COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.
approved the application on the same day, resulting in a loan
agreement between the parties. The agreement states, in part,
WAIVER OF RIGHT OT TRIAL BY JURY: TRIAL BY JURY IS A
CONSTITUTIONAL RIGHT. UNDER CERTAIN CONDITIONS THE LAW ALLOWS
PARTIES TO WAVIE THIS RIGHT. LENDER AND I KNOWINGLY AND
FREELY WAIVE ALL RIGHTS TO A JURY TRIAL FOR ANY SUIT RELATED
DIRECTLY OR INDIRECTLY TO (A) THIS NOTE OR (B) THE LOAN. THIS
JURY TRIAL WAIVER WILL NOT CHANGE ANY ARBITRATION CLAUSE TO
WHICH LENDER AND I AGREE, SUCH CLAUSE HAS ITS OWN SEPARATE
JURY TRIAL WAVIER.
agreement defines dispute as having “a broad meaning,
” including “all claims and disagreements related
to [the] application, [the agreement], … or
[Plaintiff's] dealings with [Defendant].” Under the
agreement, Plaintiff also ...