News & Analysis as of

Consumer Contracts Telephone Consumer Protection Act Mandatory Arbitration Clauses

BCLP

Is Your Company Vulnerable to a Mass Arbitration Attack? What It is and How to Prevent It

BCLP on

A recent trend in litigation has emerged that is causing companies to re-think conventional wisdom. Until now, it has been a widely adopted best practice for retailers and other consumer-facing companies to include mandatory...more

Benesch

DCD Compels Arbitration for TCPA Class Action Despite Being Non-Signatory to Agreement

Benesch on

The District of Massachusetts’s recent decision in Fairfield v. DCD Auto. Holdings, Inc., No. 22-cv-11977, 2023 U.S. Dist. LEXIS 109463 (D. Mass. June 26, 2023) serves as a key reminder for businesses not only to have...more

Womble Bond Dickinson

Court enforces Arbitration Clause in Clickwrap Agreement of “Ganjapreneur” App

Womble Bond Dickinson on

A California Court granted Defendant’s motion to compel arbitration based on a duly formed and consented arbitration clause via a “clickwrap” agreement, despite Plaintiff’s argument that no contract was ever formed because...more

Carlton Fields

California Federal Court Enforces Arbitration Provision in Uber Agreements

Carlton Fields on

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

Foley & Lardner LLP

Should Your Consumer Arbitration Clause Be Broader?

Foley & Lardner LLP on

After a Central District of California Judge dismissed a consumer’s Telephone Consumer Protection Act (TCPA) case on a Motion to Compel Arbitration, companies should consider broadening their consumer arbitration provisions....more

Ballard Spahr LLP

Sixth Circuit Denies Arbitration in TCPA Class Action for Calls to Past Customers

Ballard Spahr LLP on

Phone calls made by a lawn care company after the termination of a customer's contract were beyond the scope of the parties' agreement to arbitrate any claim "arising from or relating to" their contract, the U.S. Court of...more

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