Liza Mizel v. Lendvia, LLC

Summary

The United States District Court for the Middle District of Florida denies without prejudice Lendvia, LLC’s motion to compel arbitration and stay a putative TCPA and FTSA class action brought by Liza Mizel. The court finds a genuine dispute of material fact regarding whether Mizel entered into the alleged clickwrap agreement, particularly because she denies visiting Lendvia’s website and disputes the identifying information in the recorded application. The court determines that a summary bench trial on contract formation is required.

Holdings

1. Lendvia did not establish on the motion papers that Mizel entered into a binding arbitration agreement. The evidence, viewed in light of Mizel’s sworn denial, established a genuine dispute of material fact concerning whether she accepted the clickwrap terms.
2. The court must decide whether a valid arbitration agreement exists before referring the dispute, including a formation challenge to a delegation provision, to an arbitrator.
3. Because a genuine dispute of material fact exists concerning contract formation, the court must conduct a summary trial under 9 U.S.C. § 4. The trial will be a bench trial because Mizel did not specifically demand a jury trial on the formation issue.

Questions Presented

1. Whether Lendvia proved the existence of an agreement to arbitrate between Lendvia and Mizel.
2. Whether Mizel’s declaration and the discrepancies in the purported online application created a genuine dispute of material fact concerning contract formation.
3. Whether the court, rather than an arbitrator, must decide the formation challenge to the arbitration and delegation provisions.
4. Whether the disputed formation issue must be resolved in a summary trial under 9 U.S.C. § 4 and whether Mizel was entitled to a jury trial on that issue.

Disposition

other