Arcadia Power Seeks to Compel Plaintiff’s TCPA Claims to Arbitration
Defendant Arcadia Power seeks to compel Robert Doane's Telephone Consumer Protection Act claims to arbitration, said its memorandum of law Friday (docket 1:23-cv-11679) in U.S. District Court for Massachusetts in Boston in support of its motion to compel. Though Arcadia…
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denies that Doane’s claims about the phone calls he allegedly received from Arcadia have any merit, the company's motion “focuses solely on the procedural impropriety” of those claims, said the memorandum. At the time the plaintiff enrolled in Arcadia’s community solar program, “he also agreed to a mandatory and binding arbitration provision that applies to the very claims he asserts here,” it said. Doane’s July 26 complaint alleged that Arcadia is engaged in a scheme to lure Massachusetts consumers to subscribe to renewable energy programs through illegal telemarketing activities, in violation of the TCPA, the Massachusetts Telephone Solicitation Act and the Massachusetts Consumer Protection Act (see 2307270040).