Power Of Arbitration Agreements In TCPA Class Actions

Law360, New York (August 6, 2013, 2:17 PM EDT) -- The U.S. Supreme Court's recent ruling in American Express Co. v. Italian Colors Restaurant reaffirmed the court's long-standing inclination to strictly enforce arbitration agreements, even those with class action waivers. Though the American Express ruling was in the context of a commercial contract, the decision underscores a number of recent federal district court cases (mainly in the Ninth Circuit) that have enforced arbitration agreements against individual consumer claimants, including suits alleging violations of the Telephone Consumer Protection Act, the federal consumer privacy statute that restricts how businesses can contact consumers by phone, fax and text message.

As TCPA class actions proliferate...

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