A motion to compel arbitration and stay proceedings is often a defendant’s best weapon in TCPA litigation. But is this strategy viable when a defendant is not a party or signatory to the arbitration agreement? What if a plaintiff accepts the terms of an arbitration provision after receiving the calls or texts at issue? The answer to both of these questions could be yes depending on the wording of the arbitration agreement and the defendant’s role in making the calls, as demonstrated in Thompson v. Sutherland Global Servs., No. 17 C 3607, 2019 U.S. Dist. LEXIS 57539 (N.D. Ill. April 3, 2019).
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