Sears Wins Arbitration Bid In TCPA Suit Over Text Messages

Law360, New York (June 14, 2017, 3:24 PM EDT) -- A New Jersey federal judge on Tuesday approved Sears' bid for arbitration in a proposed class action claiming it "bombarded" consumers with automated promotional text messages in violation of the Telephone Consumer Protection Act, ruling that Sears clearly spelled out contract terms in its marketing program.

U.S. District Judge Anne E. Thompson's order granted Sears Holding Corp.'s motion to compel arbitration in the TCPA suit, saying lead plaintiff William Hoover agreed to an arbitration clause when he signed up for the company's Shop Your Way Program and received promotional messages and discount offers from Sears stores and Kmart, a Sears Corp....

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