‘Med-Spas’ Chain Seeks to Compel Single TCPA Claim to Arbitration
Defendant Vio Franchise Group, which operates a chain of “med-spas,” seeks to compel plaintiff Brandon Weitz’s single Telephone Consumer Protection Act class action claim to arbitration, said its motion Wednesday (docket 1:23-cv-01231) in U.S. District Court for Northern Ohio in…
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Cleveland. Weitz alleges Vio promotes its products and services with unsolicited telemarketing texts, “harming thousands of consumers in the process” (see 2306230002). “Setting aside the fact that Weitz expressly consented in writing to receive text messages about his membership, arbitration is the proper forum to adjudicate Weitz’s claim,” said Vio’s motion to compel. In Weitz’s membership agreement with Vana Laser Club, a Vio “affiliate entity,” he agreed to arbitrate all disputes with Vio, it said. The agreement “plainly provides” that arbitration is to be conducted in Miami-Dade County, Florida, on an individual basis, it said. The motion asks the court to stay Weitz’s action until the arbitration is completed.