New TCPA Arbitration Decision Provides Roadmap To Enforcement

One under-utilized defense to Telephone Consumer Protection Act (TCPA) claims is reliance on the lead generator's website Terms and Conditions. In particular, most website Terms include (or should include) a mandatory arbitration clause with a class action waiver, useful protections against a potentially devastating TCPA lawsuit. But the process for obtaining agreement to the Terms has specific requirements that must be met in order to be considered valid. One recent ruling from a Michigan federal court, Shirley v. Rocket Mortgage, laid out one path to ensure proper agreement to the Terms, including a valid TCPA arbitration clause; this set of requirements is something that digital marketers and lead generators should carefully note.