Downto0

Compelled to arbitrate but did not sign agreement

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@Downto0

 

If an account manager, by virtue of managing an account,  would authomatically be liable to any contract of any account they manage then all the account managers at the cell phone company would also be liable to our tcpa claims.

 

 

No, because the account managers did not call you.   The TCPA is a statutory claim not based upon a violation of the contract.

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If noone compels arbitration then you are correct.  If someone compels arbitration, and there is a valid contract, then one must proceed according to contract.

 

Suing all the account managers at the cell phone company would be wild but so is implying that an account manager is liable to the contract of any account they manage.

 

So what about the cell phone company making notiable changes to their claim once they are in appeals?  First they don't say that I activate my own account but that I somehow received service because I am account manager or that I benefit from my wife's service.  Then, in their response to our appeal, they say that I activated my own service.

 

Thoughts on this?

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@Downto0

 

So what about the cell phone company making notiable changes to their claim once they are in appeals?  First they don't say that I activate my own account but that I somehow received service because I am account manager or that I benefit from my wife's service.  Then, in their response to our appeal, they say that I activated my own service.

 

 

I'm not sure.  The issue is whether or not you're a party to the contract.  I honestly don't know if HOW they claim you're a party to it is merely a detail within that issue, or if it's a separate issue.

 

 

If noone compels arbitration then you are correct.  If someone compels arbitration, and there is a valid contract, then one must proceed according to contract.

 

 

The TCPA and the contract are not connected.   The arbitration provision is merely a method to resolve a dispute whether that dispute be contractual or statutory.  A statutory dispute such as the TCPA or FDCPA doesn't have to involve the terms of the contract.

 

In any case, it's wrong to assume that the mere title "account manager" is what could tie one to a contract.  What would other account managers have to do with your account?   You would be the only "account manager" that could authorized the actions described in the agreement.  The fact that they are employed by the company does not make them liable by way of their titles.

 

You could possibly be a party to the contract because you could be considered to be an agent of the subscriber and had rights and authorization power that are tied to the contract.

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Howdy, 

 

Dont know if this will help, but sure hope it does.  You are in Iowa, correct?

 

https://icrc.iowa.gov/document/supreme-court-decision-rent-center-v-henry

 

Iowa Supreme Court ruling, overturning the appeals court decision to compel arbitration on a non-party.  I know it is not exactly the same as what you have here, but this could maybe help you.  Since you were not an actual party to the agreement, the Iowa Supreme Court says that you cannot be held to the terms of that agreement.  If their claim is that you activated a phone yourself, and you never did, that should be academic.  If you simply used a phone that someone else activated, that should not make you liable under someone else's agreement in my opinion.  I'm no attorney or anything.  

 

The article states the following:

 

The Supreme Court has repeatedly stated that, under the FAA, parties who have contracted to arbitrate claims arising between them are bound to do so.

 

 

However, the Court has also said that the enforceability of an arbitration agreement flows from the consent of the parties to the agreement. See, e.g.Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662, 684, 130 S. Ct. 1758, 1775, 176 L. Ed. 2d 605, 624 (2010) (“[A] party may not be compelled under the FAA to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so.”); Waffle House, 534 U.S at 294, 122 S. Ct. at 764, 151 L. Ed. 2d at 769 (“Arbitration under the [FAA] is a matter of consent, not coercion. . . . It goes without saying that a contract cannot bind a nonparty.” (Citation and internal quotation marks omitted.)); First Options, 514 U.S. at 943, 115 S. Ct. at 1924, 131 L. Ed. 2d at 993 (“[A]rbitration is simply a matter of contract between the parties; it is a way to resolve those disputes—but only those disputes—that the parties have agreed to submit to arbitration.”); Volt Info. Scis., Inc. v. Bd. of Trs. of Leland Stanford Junior Univ., 489 U.S. 468, 474–75, 109 S. Ct. 1248, 1253, 103 L. Ed. 2d 488, 497 (1989) (noting a party cannot be compelled to arbitrate issues if the parties did not require such arbitration in their agreement); AT&T Techs., Inc. v. Commc’ns Workers of Am., 475 U.S. 643, 648–49, 106 S. Ct. 1415, 1418, 89 L. Ed. 2d 648, 655 (1986) (“[A]rbitrators derive their authority to resolve disputes only because the parties have agreed in advance to submit such grievances to arbitration.”)

 

 

From the way that looks, it is not enough for them to say that you agreed to the terms by association.  You either did, or you did not.  Since you never agreed in advance to arbitration, and they cannot show that you have, that is the route that I would take.  Again, I am not an attorney.  This is just my opinion.  I hope this case can help you.

 

Wheels up, 

 

Stick

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In any case, it's wrong to assume that the mere title "account manager" is what could tie one to a contract

 

 

I agree.

 

 it is not enough for them to say that you agreed to the terms by association

 

 

Benefits in my case but the issue is the same.

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