Court Denies Raymour & Flanigan’s Motion to Compel Arbitration in TCPA Class Action Case

On February 16, 2017, a class action lawsuit was filed by Fitapelli & Schaffer, LLP and Terrell Marshall Law Group PLLC against Raymour & Flanigan (“Raymour”) for allegedly violating the Telephone Consumer Protection Act (TCPA) by sending text messages to recipients’ cellular phones without their prior written consent.  The TCPA makes it unlawful to make any calls, send any text messages, and/or send any faxes to a person or business, for commercial reasons, without that person’s express written consent.  Each recipient of an unlawful call, text message, and/or fax, may receive a statutory penalty of at least $500 (up to $1,500) for each violation.

The lawsuit asserted TCPA violations on behalf of the Plaintiff and a nationwide class of customers who received text messages on their cell phones by Raymour. In response to the lawsuit, Raymour moved to compel arbitration of the lawsuit, meaning that the case could not be brought in court and could not be brought as a class action.  The furniture company argued that the TCPA claim was subject to mandatory arbitration due to a sales ticket that Plaintiff signed while buying a bedroom furniture set almost 3 years prior to receiving any text message.

On June 21, 2017, Magistrate Judge Sarah Netburn ruled that Plaintiff’s TCPA claims would not be subject to the mandatory arbitration agreement, and that the case can continue as a class action.  Specifically, the Court found that the Arbitration Agreement signed by the Plaintiff was limited to specific disputes arising out of or relating to “the goods and/or services … purchased” from Raymour and that the TCPA claims “[have] nothing to do with the bedroom furniture set [Plaintiff] purchased” in 2014.  In addition, because the class action waiver in the arbitration agreement only applies to arbitrable claims, Plaintiff’s TCPA can continue as a class action.  You can also view the order here.

If you feel you may be affected by this lawsuit, or have any questions, please give Fitapelli & Schaffer, LLP a call at (212) 300-0375.

The lawyers of Fitapelli & Schaffer, LLP represent everyday people who have faced unwanted and endless telemarketing calls at home, their business, and/or on their mobile devices. If you are receiving unwanted telemarketing calls and want to stop them as soon as possible, then please call the lawyers of Fitapelli & Schaffer, LLP, (212) 300-0375, to schedule a free consultation. Or for more information, visit our website