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Murray v. DCH Toyota City

RISC Clause Mandates Arbitration of Claim $500 Down-Payment Not Credited to Vehicle

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MEMORANDUM OPINION AND ORDER Plaintiff Sean Michael Murray (“Plaintiff”) commenced this action on September 10, 2020, and filed his Amended Complaint against defendants DCH Toyota City, DCH Auto Group (together, “Defendants”), and Toyota City Inc.¹ on October 9, 2020. (Doc. 12, “Am. Compl.”). Plaintiff brings claims under the Truth in Lending Act, 15 U.S.C. §1601 et. seq. (“TILA”) and Federal Reserve Board Regulation Z, 12 C.F.R. §1026, promulgated pursuant thereto, and for alleged violations of New York General Business Law (“GBL”) §349 and fraud. (See generally Am. Compl.). Before the Court is Defendants’ motion to compel Plaintiff to arbitrate his claims pursuant to Section 4 of the Federal Arbitration Act (“FAA”), 9 U.S.C. §1. Defendants moved on December 16, 2020 (Doc. 21; Doc. 21-1, “Defs. Br.”), Plaintiff opposed on January 13, 2021 (Doc. 24; Doc. 24-2, “Opp’n. Br.”), and the motion was fully briefed with Defendants’ submission of a reply memorandum of law on January 20, 2021 (Doc. 25, “Reply Br.”). For the reasons set forth below, Defendants’ motion to compel arbitration is GRANTED. BACKGROUND On or about January 2, 2020, Plaintiff made a $500 down payment to Defendants for a black 2016 Toyota 4Runner (the “Vehicle”) and agreed to trade in his 2006 Toyota Tacoma for a trade-in value of $6,000 as a further down payment towards his purchase of the Vehicle. (Am. Compl.

15-17; id. Ex. A). Plaintiff executed, in connection therewith, a retail installment sales contract (“RISC”) (id.

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