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...

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