Marketer Can't Arbitrate Deceptive Enrollment Class Action

Law360, New York (September 23, 2011, 2:34 PM EDT) -- Adaptive Marketing LLC on Wednesday lost its bid to force arbitration of a putative class action in Washington state accusing it and Intelius Inc. of deceiving consumers by automatically enrolling them in a sex offender report subscription program when they bought other reporting services.

In denying Adaptive's motion to compel arbitration, U.S. District Judge Robert S. Lasnik ruled that the parties did not have a valid agreement to arbitrate because plaintiff Donovan Lee agreed to accept only the subscription program's “offer details” and not the separate...
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