Realtor.com Loses Bid to Arbitrate User’s ‘Do Not Call’ Lawsuit

Realtor.com can’t compel arbitration in a case where someone alleged the real estate site repeatedly made prerecorded solicitation calls without customer consent, the Ninth Circuit affirmed in an unpublished opinion.

Realtor.com, formally known as Move Inc., argued that an arbitration agreement the plaintiff signed with HudHomesUSA.org covers it as a third-party beneficiary. HudHomes provided leads to a Move subsidiary, the US Court of Appeals for the Ninth Circuit said.

• But there’s no clear evidence that the plaintiff and HudHomes “agreed to arbitrate arbitrability with nonsignatories like Move,” the court said
• The agreement failed to sufficiently benefit Move such that it ...