Broad Arbitration Clause Covers Claims That Arose Two Years After End Of Contract
Arbitration clauses are favored by the Court, and many agreements use broad language. A recent federal Court of Appeals decision held that a dispute that arose two years after the end of services called for in an agreement was covered by the arbitration clause. Vondeylen v. Aptive Environmental, LLC (8th Cir. 2026).
Kristi VonDeylen hired Aptive Environmental to provide pest-control services. In addition to requiring quarterly home treatments, the service agreement had an arbitration provision. Two years after the company made its final service call, it sent her several text messages, including one about enabling the “autopay” feature on her account and another about an “upcoming appointment.” VonDeylen filed a lawsuit in federal court alleging that the messages violated the Telephone Consumer Protection Act and invaded her privacy under Minnesota law.
The Eighth Circuit held that these claims were covered by the arbitration clause. That clause provided that “any controversy, dispute[,] or claim … arising out of or relating to this Agreement, or the services performed by Aptive under this Agreement or any other agreement, or the relationship between [VonDeylen] and Aptive resulting from any of the foregoing” are to be determined by arbitration. This broad language covered any claims that concerned the relationship, even texts that were sent two years after the services ended.
Parties signing agreements should beware that such broad clauses may cover claims that seem far afield from the contractual relationship.
