A.D. v. Credit One Bank, N.A.

Dist. Ct. erred in granting defendant-credit card company’s motion to compel arbitration on plaintiff’s action under Telephone Consumer Protection Act alleging that defendant improperly placed telephone calls to her in effort to collect on debt that she did not owe, where arbitration clause was contained in cardholder agreement defendant had with plaintiff’s mother, and where debt actually belonged to mother, who had originally submitted plaintiff’s telephone number to defendant. Plaintiff was not signatory of cardholder agreement and was not otherwise bound by arbitration clause contained in said agreement. Moreover, one credit card transaction identified by defendant as instance where plaintiff had benefited from use of said card did not render plaintiff as authorized user of said card so as to make her subject to arbitration clause, where mother did not take necessary steps to add plaintiff as user of card, and where plaintiff, as minor, lacked capacity to enter into any agreement with defendant at time of said transaction.