Redbox Says It’s Considering Moving to Compel FTSA Case to Arbitration

Redbox believes the merits of plaintiff Ruby Gamez’s individual Florida Telephone Solicitation Act claim “should be resolved in advance of any class discovery and class certification motions,” said a joint case management report Thursday (docket 8:23-cv-01497) in U.S. District Court for Middle Florida in Tampa. Gamez’s class action alleges Redbox phones and texts consumers to promote its goods and services “without having secured prior express written consent as required by the FTSA” (see 2307060003). But evidence that Redbox maintains “in the regular course of business” shows Gamez “consented to the allegedly unsolicited text messages at issue,” said the report. Redbox asserts Gamez, “either expressly, implicitly, or by third parties,” consented to receive phone communications from Redbox or third parties on its behalf, it said. To the extent that Gamez was called by a third party, “such third party did not have authority from Redbox to make any such calls” or text messages, it said. Redbox is considering moving to compel Gamez’s case to arbitration, under “the mandatory arbitration provision” in Redbox’s “then-effective” terms of use, said the report.