Citizens, Kroger Win Arbitration In Auto-Dial TCPA Action

Law360, New York (November 6, 2012, 4:26 PM EST) -- A federal judge on Monday handed a victory to Citizens Financial Group Inc. and Kroger Co. by ordering arbitration in a proposed class action accusing the companies of auto-dialing cellphones without consumers’ consent.

U.S. District Judge M. James Lorenz rejected plaintiff Patrick McNamara’s argument that the companies had waived their right to arbitration by settling an April 2011 suit he filed in California state court over the same issue.

Judge Lorenz said in his order granting Citizens’ and Kroger’s motion to compel arbitration and dismiss the...
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