Telecommunications, Arbitration, Text Messages

SIGNED BY SILENCE?: Court Finds Consumer Agreed to Arbitration By Failing To Respond to A Text Message– And Its A Little Odd

Troutman Amin LLP on 8/5/2025

Hello from the road! So contract law generally requires a party to manifest their assent to the terms of any agreement. That means while you cannot get away with saying “I didnt read the contract I signed” you generally can...more

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

Troutman Pepper Locke on 9/9/2020

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

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

Womble Bond Dickinson on 6/21/2019

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

Compelling Arbitration of TCPA Claims Alive and Well

Balch & Bingham LLP on 5/20/2019

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

California Federal Court Enforces Arbitration Provision in Uber Agreements

Carlton Fields on 4/23/2019

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

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

Carlton Fields on 6/26/2018

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

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

Womble Bond Dickinson on 6/5/2018

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

Seventh Circuit Reverses Order Compelling Arbitration Of Dispute Between Two Non-Signatories To Arbitration Agreement

Carlton Fields on 3/21/2018

The U.S. Court of Appeals for the Seventh Circuit recently held that state law governs whether a contract’s arbitration clause is binding on non-signatories. The dispute arises from a consumer protection action filed by the...more

Presentation Matters When Seeking to Compel Arbitration in Consumer Class Actions

Polsinelli on 3/28/2017

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

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