Rodriguez

FACTS

Plaintiff David Rodriguez filed suit against defendant Navient Solutions, Inc. (Navient), the company that services his student loans.1 He alleged that Navient violated the Rosenthal Unfair Debt Collections Practices Act (Rosenthal) by engaging in harassment; making false representations; misstating the amount of a debt; and using unfair means to collect a debt. He also alleged that Navient invaded his privacy and converted money it seized from his bank account. Navient petitioned to stay the lawsuit and compel arbitration. It showed that in 2006, plaintiff signed a promissory note for a “Signature” loan, attached to the petition as Exhibit A. Exhibit A contains an arbitration clause, which allows either party to elect arbitration and compel the other party to arbitrate. It encompasses “any claim, dispute or controversy,” including “disputes concerning the validity, enforceability, arbitrability or scope of the Arbitration Agreement or the Note; disputes involving alleged fraud or misrepresentation, breach of contract, negligence or violation of statute, regulation or common law.” In 2007, plaintiff signed a second promissory note for a Signature loan, attached to the…