• On November 5, 2012, the U.S. District Court for the Southern District of California granted a motion to compel arbitration in a Telephone Consumer Protection Act (TCPA) lawsuit brought against the national grocer Kroger and the Royal Bank of Scotland Group (RBS). In 2007, the plaintiff applied for and was issued a Kroger Personal Finance credit card underwritten by RBS. He then used the card to make a $10,000 balance transfer. In 2009, his account became delinquent. Thereafter, plaintiff allegedly received 22 debt collection-related calls to his mobile phone, and so he filed a federal TCPA suit. The credit card agreement allowed either party to seek arbitration of any claim “under or related to any Account you have with the Bank.” The court granted the motion to compel arbitration, because the man alleges that the calls were debt collection-oriented and thus the claim falls within the arbitration clause. In reaching that conclusion, the court distinguished its recent opinion in another TCPA/arbitration case, In re Jiffy Lube, Text Spam Litigation. There, Jiffy Lube allegedly sent unwanted text messages offering discount services to customers who had previously given Jiffy Lube their phone numbers when purchasing an oil change. The S.D. Cal. found Jiffy Lube’s arbitration clause “incredibly broad,” because it “purports to apply to ‘any and all disputes’ between [the parties], and is not limited to disputes arising from or related to the transaction or contract at issue.” The court concluded that “a suit ... regarding a tort action arising from a completely separate incident could not be forced into arbitration-such a clause would clearly be unconscionable.” Here, the court could not find the arbitration clause unconscionable. The plaintiff now must pursue the TCPA claim in arbitration, and the federal case has been dismissed. McNamara v. Royal Bank of Scotland Group, PLC, No. 11-cv-2137-L (WVG) (S.D. Cal.).