The Eleventh Circuit recently held that consumers were properly
compelled to arbitration, and a putative class action was properly
dismissed based on an arbitration provision and class action waiver
conspicuously appearing on the product's packaging.
In
Dye v. Tamko Building Products, Inc., homeowners filed a
class action complaint against Tamko, alleging that the
company's shingles failed to comply with industry standard and
were not as-warranted. In response, Tamko moved to compel
arbitration and dismiss the class action complaint based on an
arbitration provision and class action waiver that appeared on the
exterior wrapping of every package of shingles. The United
States District Court for the Middle District of Florida granted
the motion, and the homeowners appealed.
