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Telephone Consumer Protection Act › Non-Signatories

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

Manatt, Phelps & Phillips, LLP

Eleventh Circuit Refuses to Bind Nonsignatory to Arbitration Agreement

Manatt, Phelps & Phillips, LLP on

A nonsignatory to an agreement is not bound by an arbitration provision contained in the contract, the U.S. Court of Appeals, Eleventh Circuit determined in a case involving the Telephone Consumer Protection Act (TCPA)....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

Womble Bond Dickinson

Round and Round We Go: Eleventh Circuit Again Refuses to Compel TCPA Claim to Arbitration– Gives Short Shrift to Defendant’s...

Womble Bond Dickinson on

The Eleventh Circuit Court of Appeal has handed down some rather remarkable TCPA rulings over the years. First came Palm Beach Golf Center-Boca, Inc. v. Sarris, 771 F. 3d 1274 (11th Cir. 2014) in which the Eleventh Circuit...more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Dorsey & Whitney LLP

Arbitration Agreement Enforceable Against Non-Signatory Spouse Because Community Property

Dorsey & Whitney LLP on

You know how the vows go: “for richer or for poorer, in sickness and in health, in district court or in arbitration…” Wait a minute. Last Wednesday, a federal district court in Arizona held that a TCPA plaintiff was...more

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