Latest Decision Orders Subway Legal Proceedings To Push Through, Arbitration Is A No-Go
Subway is facing an added legal obstacle as a court ruling decided that the class action lawsuit filed against them cannot be sent into the arbitration stage after the company did not make its arbitration clause easily noticeable for all to see.
Court: Subway Arbitration Is Not Possible
Per online reports, the latest court ruling handed out by United States Circuit Judge Joseph F. Bianco contended that the Subway TCPA Class Action Lawsuit will continue to usual legal proceedings and cannot be allowed to enter into arbitration due to the company’s fine print provisions not being conspicuous enough.
Bianco continued that the plaintiff in the case, Marina Soliman, was not provided the proper information to know whether she is agreeing to such terms being forwarded by Subway’s legal team to court. It was alleged that Soliman was presented with misleading and unclear marketing imagery and claims that made Subway’s arbitration clause inconspicuous to the non-discerning pair of eyes.
Judge Bianco, along with other members of the bench, then concluded that the class action lawsuit filed against Subway should be sent back to the lower courts for the proper legal proceedings to push through.
Subway TCPA Class Action Lawsuit
Complainant Marina Soliman filed the Subway TCPA Class Action Lawsuit after Subway allegedly continued to send her unsolicited marketing messages via text after she used a discount coupon provided by the company. Soliman asked the company to cease sending her the unwanted texts, yet the company failed to act on her request, and the whole ordeal reportedly continued.
She is currently suing Subway for alleged violations of the protective provisions of the federal Telephone Consumer Protection Act for the unwanted text messages sent to her phone by the company.
Founded in 1965, Subway is a fast-food restaurant company that offers a plethora of menu offerings. Mostly known for its sandwich offerings, the company also sells salads and other accompanying beverages to its customers. With over 37,000 locations, the company’s main headquarters is situated in Milford, Connecticut. Subway is headed by its CEO John Chidsey.
Editor’s Note on Subway TCPA Class Action Lawsuit 2021:
This article details the latest information about the TCPA class action lawsuit filed against Subway for allegedly sending out unwanted messages to its customers.
Case Name(s) & No.: Marina Soliman v. Subway Franchisee Advertising Fund Trust LTD.; Case No.: 20-946
Jurisdiction: United States Court of Appeals for the Second Circuit
Products/Services Involved: TCPA
Allegation(s): Subway violated TCPA laws by allegedly sending compulsive messages.
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