“The disclosure was clear and unambiguous,” Judge Pacold said.
The judge also affirmed that Nissenbaum had explicitly agreed to Restore’s terms by clicking the box to express consent and submitting the “get a quick quote” request, an action that demonstrated his agreement to the terms.
While the case will proceed to arbitration, the arbitrator will need to decide whether Nissenbaum’s claims under the Telephone Consumer Protection Act (TCPA) are covered by the arbitration agreement. Additionally, the arbitrator will determine whether the case can proceed on a classwide basis.
Nissenbaum filed his lawsuit in February, accusing Restore of using automated texting technology to send promotional messages and violating TCPA regulations. He claims that despite his repeated “stop” requests to end the texts, Restore continued to send promotional messages, including one as recently as January 2024. Nissenbaum aims to represent a nationwide class of individuals who received multiple promotional texts from Restore after opting out.
