Car Dealership Gets TCPA Suit Sent To Arbitration

Law360 (March 27, 2019, 5:21 PM EDT) -- A customer must arbitrate his claims that car dealer Kendall Lakes Automotive called him with one pre-recorded, unsolicited phone message in violation of federal law, as he signed an agreement containing an arbitration provision, a Florida federal judge has found.

U.S. District Court Magistrate Judge John J. O'Sullivan concluded Tuesday that a retail buyer's order plaintiff Rick Garcia signed when purchasing a vehicle from Kendall Lakes Automotive LLC contained a broad arbitration clause that covers the claims he asserts in his complaint, which the judge dismissed in granting the dealership's motion to compel arbitration.

The provision also clearly relinquishes the option...

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