No Stay During Appeal Of Arbitration Denial In TCPA Unwanted Texts Class Suit

Mealey's (January 2, 2018, 10:34 AM EST) -- SAN FRANCISCO — A California federal judge on Dec. 29 denied a motion to stay district court proceedings in a Telephone Consumer Protection Act (TCPA) class complaint over unwanted texted advertisements pending appeal of a denial of arbitration, finding that there are serious questions about the merits of the defendant’s claims that an arbitration in a leasing agreement can apply to claims arising out of a completely separate terms of use agreement (Shawn Esparza, et al. v. SmartPay Leasing, Inc., No. 17-3421, N.D. Calif., 2017 U.S. Dist. LEXIS 213490)....