9th Circ. Says Marketing Co. Can't Arbitrate TCPA Suit

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By Gina Kim (April 6, 2022, 6:03 PM EDT) — The Ninth Circuit on Tuesday upheld a lower court’s refusal to send a proposed Telephone Consumer Privacy Act class action to arbitration, ruling that a marketing company’s website didn’t call enough attention to the terms requiring users to settle disputes out of court.

In a published decision, a three-judge federal appeals court panel affirmed a California federal judge’s decision refusing to send Stephanie Hernandez and Erica Russell’s TCPA suit against marketer Fluent Inc. and a debt-relief service company alleging unwanted text messages and telemarketing phone calls into arbitration.

The panel agreed with U.S. District Judge Yvonne Gonzalez-Rogers’ finding that Fluent’s website…

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