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District Court (Cal.) Denies Motion to Compel Arbitration in CIPA Class Action

by Scott J. Hyman |

In Williams v. DDR Media, LLC, No. 22-cv-03789-SI, 2023 U.S. Dist. LEXIS 33319, at *1-5 (N.D. Cal. Feb. 28, 2023), Judge Illston denied a Petition to Compel Arbitration in a CIPA class action.  The CIPA class action was based on the following facts. On June 27, 2022, Loretta Williams filed a class action complaint against defendants DDR Media LLC and… Read More

District Court (Cal.) Finds CryptoCurrency Exchange’s Arbitration Clause Enforceable, But Not Subsequent Clause Amended Without Notice

by Scott J. Hyman |

In Michael Nguyen v. Okcoin USA Inc., No. 22-cv-06022-KAW, 2023 U.S. Dist. LEXIS 27449, at *4 (N.D. Cal. Feb. 17, 2023), Judge Westmore found that a Terms of Service amending an arbitration clause was not enforceable.  Defendant is a web-based cryptocurrency exchange, offering retail investors a marketplace to buy and sell cryptocurrencies. (Compl. ¶ 4.) In 2020, Terraform Labs began issuing… Read More

District Court (Cal.) Grants Petition to Compel Arbitration of TCPA Class Action Plaintiff’s Case

by Scott J. Hyman |

In Pizarro v. Quinstreet, Inc., No. 22-cv-02803-MMC, 2022 U.S. Dist. LEXIS 145556, at *1-2 (N.D. Cal. Aug. 15, 2022), Judge Chesney ordered a TCPA Class-action Plaintiff's case to arbitration. In her Complaint, Pizarro alleges QuinStreet is a "marketing company" that "sells consumer contact information to lenders" in exchange for referral fees. (See Compl. ¶ 4.) Specifically, Pizarro alleges, QuinStreet "harvests… Read More

9th Cir. Addresses Enforcement of “On-Line” Consent to Arbitration in TCPA Case

by Scott J. Hyman |

In Berman v. Freedom Fin. Network, LLC, No. 20-16900, 2022 U.S. App. LEXIS 9083, at *12-14 (9th Cir. Apr. 5, 2022), the 9th Circuit addressed the enforceability of an arbitration agreement set forth on a website that allowed the consumer to click-through the operator's various policies and the arbitration.  The Court of Appeals stated the rule as follows: The most… Read More