Lucas Crostarosa v. LAZ Parking Ltd.; Asura Technologies USA, Inc.; and Parking Revenue Recovery Services, Inc.

Summary

The U.S. District Court for the District of Colorado addresses motions to compel arbitration in a putative class action alleging violations of the Driver’s Privacy Protection Act. The court finds an enforceable arbitration agreement between the plaintiff and Parking Revenue Recovery Services, Inc., and concludes that the plaintiff’s claim against that defendant falls within the agreement’s scope. The motion is granted as to Parking Revenue Recovery Services, Inc., denied as to Asura Technologies USA, Inc. and LAZ Parking Ltd., and LAZ’s motion to join is granted.

Holdings

1. By parking in the lot, Plaintiff manifested assent to an implied parking contract, and the conspicuous signs containing the arbitration provision supplied notice of the contract's terms. The arbitration agreement between Plaintiff and PRRS was valid and enforceable.
2. The arbitration agreement's requirement that arbitration be the sole remedy for an unresolved dispute is broad and encompasses Plaintiff's DPPA claim against PRRS.
3. Asura and LAZ may not compel arbitration because they did not establish all four elements of equitable estoppel under Colorado law.
4. The claim against PRRS must be stayed pending completion of arbitration because the claim is subject to arbitration and PRRS requested a stay.

Questions Presented

1. Whether Plaintiff formed a valid and enforceable contract containing an arbitration agreement by parking in the lot.
2. Whether Plaintiff's DPPA claim against PRRS falls within the scope of the arbitration agreement.
3. Whether nonsignatories Asura and LAZ may compel arbitration under Colorado equitable-estoppel principles.
4. Whether the action against PRRS must be stayed pending arbitration.

Disposition

other