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Arbitration Telecommunications Telephone Consumer Protection Act

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Kelley Drye & Warren LLP

TCPA Tracker: December 2024-January 2025

Eleventh Circuit Strikes Down FCC’s TCPA 1:1 Consent Rule - The Eleventh Circuit recently held that the Federal Communications Commission (“FCC”) exceeded its statutory authority when it issued a 2023 Order interpreting the...more

Seyfarth Shaw LLP

Mini-TCPAs Start to Take Center Stage

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After years of litigation in federal courts across the country over purported Telephone Consumer Protect Act (TCPA) violations, there has been a recent shift in focus to what is known as mini-TCPAs being enacted by state...more

Troutman Pepper Locke

Northern District of California Denies Arbitration in TCPA Class Action, Citing Lack of Affirmative Assent to Arbitrate in Web...

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On September 1, 2020, a district court in the Northern District of California weighed in on an issue of recurring importance in internet commerce: how does a business obtain a remote consumer’s effective agreement to terms...more

Womble Bond Dickinson

One Star Rating: Court Denies Uber’s Motion to Compel Arbitration after Failing to Authenticate Agreement

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A District Court in California denied Uber’s motion to arbitrate a TCPA class action claim after the ride-sharing company failed to authenticate the information from its database that allegedly confirmed the arbitration...more

Balch & Bingham LLP

Compelling Arbitration of TCPA Claims Alive and Well

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Two recent opinions show that litigants should always determine whether compelling arbitration is viable tactic in fighting claims under the Telephone Consumer Protection Act (TCPA). ...more

Carlton Fields

California Federal Court Enforces Arbitration Provision in Uber Agreements

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A class action alleging unsolicited text messages received from Uber violated the Telephone Consumer Protection Act (TCPA) and California competition law was sent to arbitration by a California federal court based upon an...more

Carlton Fields

Eleventh Circuit Finds Defendant Can’t Use Unsigned Consent to Receive Text Messages to Compel Arbitration Of TCPA Claim

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Hope Gamble sued New England Auto Finance, Inc. (NEAF) in federal court under the Telephone Consumer Protection Act (TCPA)....more

Womble Bond Dickinson

Needless Gamble: Eleventh Circuit Uses Exceedingly Broad Language to Address Narrow Issue of Arbitration in TCPA Text Suit

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In Gamble v. New Eng. Auto Fin., Inc., No. 17-15343, 2018 U.S. App. LEXIS 14608 (11th Cir. May 31, 2018) the Eleventh Circuit upheld denial of arbitration of a TCPA claim involving text messages offering a consumer a new auto...more

Polsinelli

Presentation Matters When Seeking to Compel Arbitration in Consumer Class Actions

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A pair of recent opinions proves that when it comes to compelling arbitration in a consumer class action, presentation of the arbitration clause may matter more than favorable Supreme Court precedent. First, in Norcia v....more

Morrison & Foerster LLP

Financial Services Report - Quarterly News, Summer 2013

In This Issue: Arbitration Report; Bureau Report; Privacy Report; Mortgage Report; Operations Report; Preemption Report; and Beltway Report. Excerpt from Arbitration Report: Ninth Circuit Punts - ...more

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