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Telephone Consumer Protection Act › Motion to Compel › Arbitration Agreements

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Troutman Amin LLP

ANOTHER ONE: US Health Advisors Buys Lead But Can’t Enforce Arbitration And We’ve Seen This Movie Before

Troutman Amin LLP on

This one should be obvious by now– I mean I even took the slide on this subject out of my deck for Contact.io because I have covered it too many times. But it looks like folks need a reminder: Just because you are on the...more

McGlinchey Stafford

Litigation Byte (September Edition)

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Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable - The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling,...more

Carlton Fields

Ninth Circuit Affirms Denial of Motion to Compel Arbitration Against Non-Signatory Spouse of Contracting Party

Carlton Fields on

In a case brought under the Telephone Consumer Protection Act (TCPA), the Ninth Circuit Court of Appeals affirmed an order denying the defendant corporation’s motion to compel arbitration, which the company filed pursuant to...more

Carlton Fields

West Virginia District Court Rejects DirecTV’s Bid to Compel Arbitration Finding Breadth of Arbitration Agreement “Absurd” and...

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In 2012, the plaintiff entered into a cellphone service contract with AT&T Mobility in which she agreed to arbitrate all disputes and claims with AT&T Mobility and its “subsidiaries, affiliates, agents, employees,...more

King & Spalding

Two Circuit Courts Decline to Compel Arbitration in TCPA Class Actions, Holding That the Federal Policy to Broadly Construe...

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Two recent opinions by the Ninth and Second Circuits illustrate that challenges to the enforceability of arbitration agreements have not been dampened by a string of pro-arbitration Supreme Court rulings in the last decade. ...more

Carlton Fields

Ninth Circuit Affirms Denial of DIRECTV’s Motion To Compel Arbitration, Creating Circuit Split on Procedure for Determining Scope...

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The plaintiff had filed a class action alleging that DIRECTV made calls to his cell phone in violation of the Telephone Consumer Protection Act. DIRECTV attempted to compel arbitration by relying on an agreement that the...more

Womble Bond Dickinson

Uber Wins a Trip to Arbitration

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Last Tuesday, the District Court for the Southern District of California ordered a TCPA case involving Uber Technologies (“Uber”) to arbitration and issued a stay pending the outcome of the arbitration....more

Womble Bond Dickinson

Minnesota Court Grants Non-signatory Defendant’s Motion to Compel Arbitration of TCPA Claim Based on “Sufficient Nexus”

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The United States District Court in Zean v. Comcast Broadband Security, LLC, et al., 2018 WL 3642614 (D. Minn. August 1, 2018), granted defendants Comcast Broadband Security, LLC’s (“Comcast”) and Southwest Credit Systems,...more

Carlton Fields

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

Carlton Fields on

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

Carlton Fields

Minor Not Bound—Directly Or Indirectly—By Arbitration Agreement In Mother’s Credit Card Agreement

Carlton Fields on

Last month the Seventh Circuit reversed a lower court order enforcing an arbitration agreement contained in cardholder agreement as applied against the minor daughter (“A.D.”) of the cardholder, rejecting the bank’s attempt...more

Ballard Spahr LLP

Seventh Circuit Denies Arbitration of Accountholder Daughter’s TCPA Class Action Claims

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In A.D. vs. Credit One Bank, N.A., the U.S. Court of Appeals for the Seventh Circuit reversed a district court order compelling individual arbitration of a putative class action for Credit One's alleged violations of the...more

Proskauer - New Media & Technology

Browsewrap Agreement Held Unenforceable – Website Designers Take Note!

Proskauer - New Media & Technology on

In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was “sandwiched” between two...more

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