My lawyer's suing Discover for TCPA & FCCPA. What else can I claim in arbitration?

[yescats]

I was sued by Discover/Zwicker in county court (Florida) despite me opting for arbitration in my DV letter. The court granted my MTC Arbitration so now I'm preparing my Demand for Arbitration in JAMS. In the meantime I found a consumer attorney to take my case for TCPA and FCCPA violations which he feels is substantial. 

But I'm still court ordered into arbitration. I was going to wage FDCPA, FCCPA and TCPA violation claims against Zwicker and TCPA and FCCPA violations against Discover. Now I don't know what to claim. I don't want to mention the actual debt because I want them to have the burden of counter-claiming that. I want to name Zwicker as a respondent too. So what do I have left to put on my Demand for Arbitration that won't jeopardize my Federal cases?

My attorney says once the Federal case starts looking like a reality they may make a deal on the debt but in the meantime I have buy some time and would like to exert as much leverage as possible in the miniscule hopes they won't follow me into arbitration. Either way I can't ignore the Demand for Arbitration.

[CCRP626]

Did you and your attorney cover the possibility of Discover doing their own motion to compel arbitration to put the "federal cases" into arbitration?

Rule 6. Preliminary and Administrative Matters

(e) Unless the Parties' Agreement or applicable law provides otherwise, JAMS may consolidate Arbitrations in the following instances:

(i) If a Party files more than one Arbitration with JAMS, JAMS may consolidate the Arbitrations into a single Arbitration.

(ii) Where a Demand or Demands for Arbitration is or are submitted naming Parties already involved in another Arbitration or Arbitrations pending under these Rules, JAMS may decide that the new case or cases shall be consolidated into one or more of the pending proceedings and referred to one of the Arbitrators already appointed.

(iii) Where a Demand or Demands for Arbitration is or are submitted naming parties that are not identical to the Parties in the existing Arbitration or Arbitrations, JAMS may decide that the new case or cases shall be consolidated into one or more of the pending proceedings and referred to one of the Arbitrators already appointed.

When rendering its decision, JAMS will take into account all circumstances, including the links between the cases and the progress already made in the existing Arbitrations.

Unless applicable law provides otherwise, where JAMS decides to consolidate a proceeding into a pending Arbitration, the Parties to the consolidated case or cases will be deemed to have waived their right to designate an Arbitrator as well as any contractual provision with respect to the site of the Arbitration.

(f) Where a third party seeks to participate in an Arbitration already pending under these Rules or where a Party to an Arbitration under these Rules seeks to compel a third party to participate in a pending Arbitration, the Arbitrator shall determine such request, taking into account all circumstances he or she deems relevant and applicable.

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