Every once in a while you will see a team win big in a playoff game but lose a key player to an ejection or injury and you hear talk of a “costly win.”

Safeway enjoyed (?) just such a “costly win” on Friday.

Here’s what happeed.

Safeway was sued in a TCPA class action over SMS messages sent to advise of the availability of flu shots and COVID vaccinations.

The Plaintiff argued these text messages were telephone solicitations under the TCPA’s DNC provisions.

Wait, didn’t we just talk about that?

Well for starters the Court did NOT address whether texts are “calls” for TCPA DNC purposes.

Instead the court focused on two issues.

First, is the case subject to arbitration?

This is where the big loss comes in.

Safeway moved to compel plaintiff to dismiss the class action and pursue the

See Full Page