The Northern District of Illinois recently denied a motion to compel arbitration in a putative class action, and in doing so found that the plaintiff had not agreed to arbitrate the dispute when navigating through one of the defendants’ websites. See Anand v. Heath, et al., No. 19-0016, 2019 WL 2716213 (N.D. Ill. June 28, 2019).
The plaintiff in Anand registered and completed a survey for a gift card on a website owned and operated by a subsidiary of one of the defendants. As part of her registration, she submitted her contact information, including her telephone number. After she received allegedly unsolicited telemarketing calls, the plaintiff filed a putative class action and two of the defendants moved to compel arbitration pursuant to the website’s terms and conditions.