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Consumer Contracts Arbitration Agreements Telephone Consumer Protection Act

Bradley Arant Boult Cummings LLP

AAA Updates Consumer Arbitration Rules: What Businesses Need to Know

The American Arbitration Association (AAA) recently rolled out significant updates to its Consumer Arbitration Rules and Mediation Procedures, which took effect on May 1, 2025. These changes reflect AAA’s continued commitment...more

Morrison & Foerster LLP - Class Dismissed

Does A Consumer Arbitration Agreement Apply To A Company’s Future Affiliates? The Ninth And Fourth Circuits Disagree

If a company enters an arbitration agreement with a consumer, can its future affiliate companies enforce the arbitration agreement even though the affiliate relationship did not exist at the time the consumer signed the...more

Carlton Fields

Let Me Introduce My Affiliate: Fourth Circuit Enforces Arbitration Agreement on Motion by Affiliate, DirecTV, of Original Party to...

Carlton Fields on

On August 7, 2020, the Fourth Circuit Court of Appeals confronted the question whether this class action lawsuit against, inter alia, DirecTV was covered by an arbitration agreement in the contract governing plaintiff Diana...more

Womble Bond Dickinson

You Can’t Be Serious: TCPA Data Transfer to Defense Expert Lands DirectTV in Unshakable Privacy Class Action

Womble Bond Dickinson on

Data privacy and protection concerns permeate TCPA class actions as consumer lawyers have become increasingly bold about demanding huge sets of private financial records and data from defendants. These demands risk the...more

Womble Bond Dickinson

Illinois District Court Finds that Uber’s Arbitration Agreement is Enforceable in a Putative Class Action and Dismisses Class...

Womble Bond Dickinson on

In Johnson v. Uber Technologies, Inc., 2018 WL 4503938 (Sept. 20, 2018), the United States District Court in the Northern District of Illinois granted summary judgment in favor of Uber Technologies, Inc. (“Uber”), dismissing...more

Womble Bond Dickinson

You Have the Right to Defend Your Business Model: Court Allows Online Lead Generator to Intervene in Putative TCPA Class Action

Womble Bond Dickinson on

Online lead generation is huge business, and present across all manner of consumer industries including lending, home services, insurance, healthcare – you name it. By the time these leads reach the caller, a consumer will...more

Womble Bond Dickinson

Pride Goeth Before the Fall: DirecTV Effort to Leverage Wireless Market Leads Following AT&T Merger Leads to Unshakable TCPA Class...

Womble Bond Dickinson on

Business lines are always looking to expand their pool of leads through cross-marketing efforts, especially following a corporate merger. But as a new decision out of the Northern District of California proves, it is...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

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!

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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