A consumer’s allegations that Whaleco Inc. sent unsolicited text messages to her in violation of the Telephone Consumer Protection Act will be heard in federal court rather than before an arbitrator.
A mandatory-arbitration provision in the company’s terms-of-service agreement wasn’t binding because its website didn’t adequately notify users that the provision existed, Judge Gregory A. Presnell of the US District Court for the Middle District of Florida said Oct. 13.
Presnell rejected the company’s motion to dismiss and compel arbitration.
Theresa Johnson alleged in a proposed class action that Whaleco, which operates the online consumer marketplace Temu, continued to send ...
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