Annoyed Subway Customer Dodges Arbitration Over Sandwich Texts

A California sandwich shop customer can proceed on her claim that Subway violated federal law by ignoring her request to stop texting, because she wasn’t bound by an arbitration provision located on the franchise’s website, the Second Circuit said Tuesday.

There was no proof Marina Soliman actually saw the terms and conditions of a free-sandwich promotional program or that the arbitration provision was reasonably conspicuous, the U.S. Court of Appeals for the Second Circuit said.

The court affirmed a lower court order denying Subway Franchisee Advertising Fund Trust Ltd.'s motion to compel arbitration in a proposed class action alleging ...