Apptness Moves to Compel Plaintiff’s TCPA Claims to Arbitration
Defendant Apptness Media Group seeks to compel plaintiff Cindy Luchinske’s Telephone Consumer Protection Act claims to arbitration, said its motion Monday (docket 2:23-cv-00267) in U.S. District Court for Eastern Washington in Spokane. Americans receive billions of spam text messages every…
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year, and Luchinske’s Sept. 13 class action alleges that Apptness, a compendium of digital marketers, “is a major participant in this spam” (see 2309140004). But Luchinske’s claims “are subject to arbitration based on agreements with Apptness and its vendor that actually sent the text messages,” said the motion. On at least nine occasions between June 2022 and July 2023, Apptness received web submissions from Luchinske “that included both her personal information and agreement to arbitrate,” it said. Luchinske also submitted 19 requests between 2020 and 2023 to websites owned and operated by Apptness’ vendor, What If, inquiring about employment, said the motion. Each time she provided her personal information and affirmatively clicked a button indicating her consent to receive texts from What If, plus her agreement with What If’s terms and conditions, including its arbitration provision, it said.