Andermann v. Sprint Spectrum L.P.

Dist. Ct. erred in denying defendant’s motion under 9 USC section 4 to arbitrate instant class action, alleging violation of Telephone Consumer Protection Act arising out of certain unsolicited phone calls from defendant, who had attempted to explain to plaintiffs that it had acquired their cell phone contracts from plaintiffs’ phone company, and that plaintiffs needed to get new phones or new cell phone company because their current phones were incompatible with defendant’s network. Relevant language in plaintiffs’ contracts with original phone company contained mandatory arbitration clause, and defendant, who was assigned said contracts, was entitled to enforce said clause. Ct. further observed that plaintiffs may have either weak or non-existent claim, since Telephone Consumer Protection Act allows entities with established business relationship with consumers to make unsolicited telephones calls to said consumers.