2nd Circuit Affirms Arbitration Denial In Subway TCPA Class Complaint

Mealey's (June 11, 2021, 1:28 PM EDT) -- NEW YORK — A consumer who filed a class complaint against Subway Franchisee Advertising Fund Trust Ltd. alleging that it sent her and a proposed class unwanted text messages in violation of the Telephone Consumer Protection Act (TCPA) was not bound by an arbitration agreement on Subway’s website due to the company’s failure to provide users with a reasonable conspicuous notice that they were agreeing to such terms, a Second Circuit U.S. Court of Appeals panel ruled June 8....