Subway Can't Get Junk Text Suit Arbitrated, 2nd Circ. Says

Law360 (June 8, 2021, 7:11 PM EDT) -- Sandwich chain Subway cannot force a suit over unwanted texts into arbiters' hands, because the advertising for its coupons didn't make clear that getting a promo code would lock consumers into binding arbitration, the Second Circuit ruled Tuesday.

The fast-food giant had asked the appeals court to overturn a Connecticut federal judge's March 2020 ruling that an in-store display ad's link to Subway's terms and conditions failed to make the arbitration clause conspicuous.

A consumer sued Subway's advertising unit after allegedly using a short code on the ad to enroll in a promotional program, but later opting out and still getting...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!