Plaintiff’s AT&T Dispute With Amex Belongs in Arbitration, Says Motion to Compel
Plaintiff Robert Graham’s claims that defendants AT&T and American Express charged him unauthorized fees for his phone upgrade are subject to the arbitration agreements he consented to when he opened his Delta SkyMiles Reserve card account in 2015, said American…
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Express’ motion to compel arbitration Tuesday (docket 1:22-cv-05155) in U.S. District Court for Northern Georgia in Atlanta. The arbitration agreement “broadly encompasses any claim, dispute or controversy” about the account and Graham “asserts claims relating to purported improper charges” on the account for an AT&T service, said the motion. By the “express terms” of the agreement, “any such controversy must be resolved in arbitration rather than before this Court,” it said. The motion also asks the court to stay Graham’s action pending the outcome of that arbitration. Under the Federal Arbitration Act, agreements to arbitrate “are presumed to be valid and enforceable according to their terms,” said the motion. The U.S. Supreme Court, in a series of decisions, “has repeatedly confirmed that the FAA strongly favors the validity and enforceability of arbitration agreements and that the terms of such agreements must be vigorously enforced,” it said. American Express previously telegraphed its plans to compel Graham’s dispute to arbitration (see Ref:2304100009]). Co-defendant AT&T similarly asserted in March that Graham agreed to a “broad arbitration provision” when he renewed his contract with AT&T in October 2018 to upgrade his phone (see 2303130002).