Office Depot Moves to Compel Okla. Statutory Claims to Arbitration
Plaintiff Teresa Brown “expressly agreed” to Office Depot’s terms of use and its “conspicuous, broadly written” arbitration provisions, said the retailer’s motion Wednesday (docket 4:23-cv-00287) in U.S. District Court for Northern Oklahoma in Tulsa to compel her claims to arbitration on an individual, non-class, basis.
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Brown’s class action alleges Office Depot unlawfully sends telemarketing text messages to numerous individuals in violation of the Oklahoma Telephone Solicitation Act (OTSA) that was enacted last year (see 2307130011). Brown, in addition to agreeing to mandate any disputes to binding individual arbitration, “also consented in writing to receive recurring automated text messages (including promotional texts),” said its motion to compel. The motion asks the court to stay the proceedings pending the outcome of the arbitration.
In spite of her “documented agreement to arbitrate,” Brown filed the present action asserting Office Depot violated the OTSA, and she thus “failed to arbitrate her claim,” said the motion. The parties’ arbitration agreement is “valid” and encompasses Brown’s claim against Office Depot, it said.
The OTSA permits Office Depot to send robocalls or automated text messages to consumers who give their “prior express written consent,” including via “electronic or digital signature,” said the motion. All the requirements to establish Brown’s consent under the OTSA “are met here,” it said. Her click on the original opt-in message and her texting “Y” to confirm the double-opt-in “were each a written agreement” under the OTSA, it said. Both the original and double-opt-in language “clearly authorized delivery of automated recurring, promotional text messages,” it said. The opt-in language advised that no purchase is required, it said: “Simply put, Office Depot has satisfied the requirements under the OTSA.”
Regardless of Brown’s alleged claims to the contrary, she “expressly agreed to arbitrate any dispute” arising out of or relating to the terms of use, said the motion. That includes any dispute over whether she consented to receive promotional text messages under the OTSA, it said: “She should be compelled to honor her agreement to arbitrate that dispute.”