United States District Court, W.D. Missouri, Southern Division
P. RUSH UNITED STATES MAGISTRATE JUDGE
the Court is Defendant's Motion to Compel Individual
Arbitration. (Doc. 13). Defendant Teletech Holdings, Inc.
d/b/a TTEC (“TTEC”) moves the Court to enter an
order compelling arbitration on an individual basis and
dismissing the complaint in its entirety or, in the
alternative, staying the proceedings pending the completion
of arbitration. Plaintiff Allen Ray Blevins
(“Blevins”) opposes the motion. For the foregoing
reasons, the Court orders that the motion be granted to the
extent it seeks to compel arbitration and stay these
was hired by TTEC as a customer service representative on
July 3, 2012. (Doc. 14-1 at 3). TTEC's principal place of
business is Englewood, Colorado, and Blevins is a citizen of
Missouri, residing in Springfield. (Doc. 1 at 4; see
Doc. 14 at 2, n.1). Blevins worked at one of the
company's customer care contact centers in Missouri.
(See Docs. 14-1 at 2, 15-1 at 1). As part of the
onboarding process, Blevins confirmed his acceptance of the
company's mandatory Arbitration Agreement (the
“agreement”), (doc. 14-2), by clicking the
“Accept” button after having the opportunity to
read the agreement in its electronic format. (See
Docs. 14-1, 14-3). Blevins could have chosen to
“Decline” the agreement if he wished not to
accept its terms, but he did not. (Doc. 14-1). The agreement
provides, in relevant part, the following:
AGREEMENT . . .
1.0 Agreement to Arbitrate
1.1 Except as provided otherwise in this
Agreement, any disputes arising out of or relating to
Employee's employment with TeleTech or the termination
thereof, are covered by this Agreement.
Except to the extent claims are excluded from the coverage of
this Agreement, the Parties agree to arbitrate all disputes
arising out of or relating to their employment relationship,
and Employee and TeleTech are each knowingly and voluntarily
agreeing that arbitration of disputes under this Agreement
shall be instead of litigating the disputes in a trial before
a court or jury, and that they are expressly waiving their
respective procedural rights to a jury and/or court trial of
all disputes, except as otherwise set forth herein.
1.3 Class, Collective and Representative
You and the Company agree to bring any dispute in arbitration
on an individual basis only, and not on a class, collective,
or private attorney general basis. Accordingly,
(a) There will be no right or authority for any dispute to be
brought, heard or arbitrated as a class action (“Class
Action Waiver”). The Class Action Waiver shall not be
severable from this Agreement in any case in which (1) the
dispute is filed as a class action and (2) a civil court of
competent jurisdiction finds the Class Action Waiver is
unenforceable. In such instances, the class action must be
litigated in a civil court of competent jurisdiction. . . .
4.1 Disputes Included.
Except as specifically excluded in this Agreement, this
Agreement covers any and all disputes between TeleTech and
Employee. Such disputes by way of example only and are not
limited to, [specifically listed disputes] . . . Whether such
claims or disputes are subject to arbitration shall be
decided by the arbitrator. . . .
4.3 Injunctive Relief.
To the extent permissible by law, a Party may apply to a
court of competent jurisdiction for temporary or preliminary
injunctive relief in connection with an arbitrable
controversy, but only upon the ground that the award to which
that Party may be entitled may be rendered ineffectual
without such provisional relief. . . .
12.0 Knowing and Voluntary Agreement[.]
The employee understands and agrees that Employee has been
advised to consult with an attorney of Employee's own
choosing before signing this Agreement and will let the
Company know if any changes are requested.
(Doc. 14-2). The agreement also contains a Colorado
choice-of-law provision and recognizes that a “court of
competent jurisdiction” has the authority to resolve
“[d]isputes regarding the validity and ...