Pensacola TCPA Complaint ‘Must Be Arbitrated,’ Says Parler
None of the issues raised in the Dec. 7 order from the U.S. District Court for Northern Florida in plaintiff Jordan Copeland’s Telephone Consumer Protection Act complaint against Parler (see 2212090041) “are impediments to arbitration and in fact confirm that…
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the case must be arbitrated,” said Parler’s reply Wednesday (docket 3:22-cv-21243). The “uncontested evidence alone” is sufficient to find that Copeland agreed to Parler’s terms, including to resolve all disputes through arbitration, said the right-leaning social media platform. The screenshots that Parler provided “unambiguously show” that Copeland “was required to agree to Parler’s terms as part of registration,” it said. Copeland “does not contest” Parler’s assertions but argues only that Parler “has not met its burden of proving an agreement” because it has not produced screenshots of what Copeland “clicked through when he began to use and benefit from Parler’s services,” it said. The 9th Circuit U.S. Court of Appeals decision in Berman v. Freedom Financial Network “is non-binding authority and of little persuasive value,” said Parler. The panel affirmed the district court’s order denying defendants’ motion to compel arbitration in a putative class action under the TCPA. The panel concluded that the defendants’ webpages didn't provide “reasonably conspicuous notice” of terms of service because of the small font size and format. If Berman “is persuasive at all,” it weighs in favor of Parler in compelling arbitration, said the platform. “The terms of service to which Copeland assented were conspicuously presented to him, unlike those in Berman.”