Arkansas Court of Appeals Rules for Suddenlink on Arbritration
The Arkansas Court of Appeals overturned a circuit court decision on cable provider arbitration clauses, finding in favor of Suddenlink, said an opinion Wednesday. The Clark County (Arkansas) Circuit Court “erred when it denied Suddenlink’s motion to compel arbitration,” the…
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court said. Suddenlink customers Ronnie and Debbie Francis argued they didn’t agree to have disputes with Suddenlink settled through arbitration, but the Court of Appeals said they had assented to the terms of Suddenlink’s Residential Services Agreement (RSA), which requires signatories to submit to binding arbitration, when they paid invoices from the company. “The Francises’ payment of the invoices that they received from Suddenlink, which directed them to the RSA available on Suddenlink’s website, manifested their assent to its terms, and the arbitration provision otherwise appears in writing on Suddenlink’s website,” the opinion said. “The claims in the Francises’ complaint alleging breach of contract and violation of the Arkansas Deceptive Trade Practice Act clearly fall within the broad scope of the RSA’s arbitration provision,” the Court of Appeals said.