More courts are enforcing arbitration provisions to defeat purported Telephone Consumer Protection Act (“TCPA”) class actions. In re: Midland Credit Management, Inc. (S.D. Cal. Jan. 31, 2019); Petrie v. Gosmith, Inc. (D. Colo. Jan. 31, 2019).
Comment: For the arbitration clauses to apply, the calls or texts must be related to the topic of the agreement, and not some unrelated goods or services.Read More