In the ever-evolving landscape of TCPA litigation, the recent case of Hooper v. Jerry Insurance Agency, LLC, No. 22-cv-04232, 2023 U.S. Dist. LEXIS 105247 (N.D. Cal. June 1, 2023) provides a noteworthy exploration of contract formation and the enforceability of arbitration agreements entered online.
The plaintiff, Shannon Hooper, alleged that Jerry Insurance Agency, LLC (Jerry), a digital insurance agency, sent her unwanted text messages in violation of the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA), and she sought to represent putative classes.
Having established contract formation, the court then turned to the enforceability of the arbitration agreement. Hooper argued that the arbitration agreement was unenforceable because it prevented her from seeking public injunctive relief in violation of the McGill rule (a California-specific rule). However, the court found that the McGill rule did not apply as none of the statutes at issue in the McGill case were at issue in this case.
As we navigate the complexities of TCPA litigation, this case underscores the need for businesses to ensure their online agreements are clear, conspicuous, and legally sound. When in doubt, consult with your legal counsel to ensure your practices align with the evolving legal landscape. Stay informed, stay compliant, and navigate the TCPA regulations with confidence.