Plaintiff Urges Denial of Adam & Eve Motion to Dismiss Her TCPA Case

The U.S. District Court for Southern Florida in Key West should deny in its entirety defendant Adam & Eve’s motion to dismiss plaintiff Lisa Remus’ Telephone Consumer Protection Act claims or to compel those claims to arbitration, said her opposition Friday (docket 4:23-cv-10054). The adult products distributor contends Remus opted in to receive its text messages and agreed any dispute with the company about the texts would be subject to arbitration and no class actions would be permitted (see 2308140013). Remus contends Adam & Eve texted her cellphone without her consent and she never had any contact with the company before receiving its text messages, said her opposition. “As a result, there could not have possibly been an agreement between the parties, let alone an agreement to arbitrate claims,” it said. Even if she had agreed to arbitration, which she didn’t, the company’s arbitration agreement “is procedurally and substantively unconscionable,” it said. The company also “has substantially participated in the litigation, waiving its right to compel arbitration,” it said.