The Third Circuit Court of Appeals has affirmed a district court decision denying defendant MicroBilt Corp.’s motion to compel arbitration, finding the plaintiff had fully complied with all provisions of her arbitration agreement with MicroBilt.
In connection with a loan plaintiff Maria Del Rosario Hernandez applied for in 2020, the lender utilized a product offered by MicroBilt, referred to as an “instant bank verification report,” which allowed the lender to verify Hernandez’s identity and financial information. The verification report included information for other persons with the Hernandez name, including a person who was on a government watch list that caused the lender to deny Hernandez’s loan application.
After Hernandez filed a lawsuit alleging MicroBilt violated the Fair Credit Reporting Act, MicroBilt filed a motion to compel arbitration, relying on an arbitration provision that was part of the loan application process. The arbitration provision included an “exclusive resolution” clause, which required that any disputes or claims be resolved exclusively by binding arbitration. The arbitration provision also stated the arbitration would be conducted by a single arbitrator in accordance with AAA rules, punitive and consequential damages were not recoverable, and each party would be responsible for its own attorneys’ fees. Hernandez dismissed her lawsuit and submitted the claim to the AAA. Treating the matter as a “consumer agreement” under the AAA Consumer Arbitration Rules, the AAA administrator assigned to the matter notified MicroBilt that the damages limitation included in the arbitration provision conflicted with Principle 14 of the consumer due process protocol of the rules, which requires that an arbitrator “should be empowered to grant whatever relief would be available in court under law or equity.” MicroBilt refused to waive the damages limitation and the AAA declined to administer the arbitration under Rule 1(d). Hernandez then reinstated her claims in the district court and MicroBilt moved to compel arbitration. The district court denied the motion to compel, finding Hernandez had fully complied with the arbitration provision.
In affirming the district court’s denial of the motion to compel, the Third Circuit recognized the arbitration provision covered Hernandez’s claims but noted that under 9 U.S.C. § 4, it “may compel arbitration only where there is a ‘failure, neglect, or refusal … to arbitrate under a written agreement.’” The court found the district court’s denial of MicroBilt’s motion was correct because Hernandez was in full compliance with the relevant arbitration provisions. As a result, the court concluded it lacked authority under section 4 to compel arbitration. The court also rejected MicroBilt’s argument that the AAA administrator’s requirement that MicroBilt waive the damages limitation was an “arbitrability” issue that should have been resolved by the arbitrator. The court found that, under Consumer Rule 14(a), arbitrators have the exclusive power to rule on “the existence, scope, or validity” of an arbitration provision, and the administrator’s decision to dismiss the arbitration did not implicate any of those issues. The court also rejected MicroBilt’s argument that the “exclusive resolution” clause of the arbitration provision conflicts with Hernandez pursuing her claims in court. The court noted that Hernandez has fully complied with the AAA rules, and “[s]everal courts have allowed plaintiffs to return to court after administrative dismissals under Rule 1(d), despite general agreements to arbitrate.” The court affirmed the district court’s decision denying defendant MicroBilt’s motion to compel arbitration.
Hernandez v. MicroBilt Corp., No. 22-3135 (3d Cir. Dec. 5, 2023).