Hi folks! The Czar said he was impressed by the win from QuinStreet, Inc. last night. I would like to know why. Let’s dive in.
QuinStreet, Inc. is a marketing company that generates leads on its website www.amone.com. On November 13, 2021, Sharon Pizzaro alleged she received a pre-recorded voice message from “AmOne” who wanted to help with Pizzaro’s financial situation. Based on this, Pizzaro filed a putative class action against QuinStreet based on violation of the TCPA. No surprise here.
QuinStreet, however, sought an order to compel arbitration.
To determine whether an arbitration agreement was formed, federal courts apply ordinary state-law principles that govern the formation of contracts. Because this case is in California, the federal court looked to California state law. “To form a contract under … California law, the parties must manifest their mutual assent to the terms of the agreement,” either “by written or spoken word” or “through conduct.”
Lets take a look at the disclosure:
In the end, the Court found the parties did enter into an agreement to arbitrate and granted QuinStreet’s motion to compel arbitration. What a win for QuinStreet!