Court Enforces Arbitration Agreement Contained in “Hyperlinked” TOCs, Douses Putative TCPA Class Action

We have yet another interesting TCPA arbitration decision out of a California federal court to share with TCPAWorld. The court was tasked with deciding two issues: whether an arbitration agreement contained in a hyperlinked “terms and conditions” disclosure is enforceable, and, if so, who makes the critical decision of arbitrability – the court or the arbitrator. The court answered both questions in favor of the defendant, Move, Inc. (“Move”). The decision is styled Silverman v. Move, Inc., 2019 U.S. Dist. LEXIS 105365 (N.D. Cal. June 24, 2019).

Let’s break the case down a bit because its importance requires getting into a bit of the nitty-gritty of the facts.

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