Despite Agreement, No Arbitration! Hawaii District Court Declines to Enforce Arbitration Clause Against Non-Party Debt Collector
By Brent Owen
For nearly a century, federal law has favored arbitration where the parties agree to it. This rule typically extends to a "nonsignatory" who does not sign the contract but who seeks the benefit of the contractual bargain. However, a recent decision from the United States District Court for the District of Hawaii continues a troubling trend excluding certain TCPA cases from that general rule.
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