Arbitration Provisions Shut Down Three Different Putative TCPA Class Action Lawsuits In The Seventh And Sixth Circuits

The Seventh Circuit recently derailed a putative Telephone Consumer Protection Act ("TCPA") class action by ordering a district court to enforce an arbitration agreement contained in a cellular service contract. Andermann v. Sprint Spectrum L.P., No. 14-3478 (7th Cir. May 11, 2015). Andermann confirms that agreements for services, even if assigned and renewed, can still contain enforceable arbitration provisions applicable to TCPA and other claims. The case joins two other recent decisions from district courts within the Sixth and Seventh Circuits respectively that likewise compelled arbitration in the face of TCPA class action lawsuits.

The Andermann Decision

In Andermann, the plaintiffs were longtime customers of US Cellular who renewed their service agreement with US Cellular several times between 2002 and 2012. The 2012 renewal agreement included a clause that called for arbitration of any "controversy or claim arising out of or relating to this agreement."