Verizon Wireless Wins in 6th Circuit Over TCPA Dispute
A federal appeals court sided with Verizon Wireless in a Telephone Consumer Protection Act lawsuit that Craig and Belen Schultz of Iowa filed against the carrier. The sides consented to arbitrate the case, said a decision by the 6th U.S.…
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Circuit Court of Appeals. When the parties were unable to agree on a written settlement, each filed a motion to enforce its version with a U.S. District Court in Iowa. “The magistrate judge denied the cross motions,” the 6th Circuit said Friday. Verizon next renewed its motion to compel arbitration, which was granted by the lower court, the 6th Circuit said. The appeals court affirmed that decision. “We agree with the district court that Craig Schultz agreed to arbitration when the Schultzes stated in an October 25, 2014, pleading: ‘Plaintiffs consent to this matter being sent to arbitration,’” the 6th Circuit said. “The court did not clearly err in finding that Craig Schultz, as an ‘Account Manager’ who used one of the phone lines to which the Customer Agreement applied, had activated phone service and thus accepted the Verizon contract, including an agreement to arbitrate this billing dispute.” Judge James Loken wrote the decision for a unanimous three-judge panel.