Safeway Moves to Compel TCPA Class-Action Claim to Arbitration
Safeway seeks to compel the Telephone Consumer Protection Act claim of class-action plaintiff Ashley Ehrmantraut to arbitration, said its motion Monday (docket 2:23-cv-01739) in U.S. District Court for Arizona in Phoenix. Ehrmantraut alleges Safeway promotes its goods and services by…
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using unsolicited text-messaging, and it continues to text-message consumers after they opt out of those solicitations (see 2308230003). Ehrmantraut asserts a single-count TCPA claim on behalf of herself and a putative class, but the parties’ arbitration agreement requires her to pursue her claim “in an individual arbitration and bars her from pursuing this class action in court,” said Safeway’s motion to compel. Ehrmantraut enrolled in Safeway’s loyalty program through grocery retailer's mobile app in March, said the motion. In so doing, she provided Safeway with her mobile phone number and “affirmatively accepted” its terms of use, which includes the mandatory arbitration provision, it said.