In Pizarro v. Quinstreet, Inc., No. 22-cv-02803-MMC, 2022 U.S. Dist. LEXIS 145556, at *1-2 (N.D. Cal. Aug. 15, 2022), Judge Chesney ordered a TCPA Class-action Plaintiff’s case to arbitration.
In her Complaint, Pizarro alleges QuinStreet is a “marketing company” that “sells consumer contact information to lenders” in exchange for referral fees. (See Compl. ¶ 4.) Specifically, Pizarro alleges, QuinStreet “harvests consumer lead information and telephone numbers” through the following form on its website, www.amone.com. . . Pizarro further alleges that, on or around November 13, 2021, QuinStreet “caused a prerecorded voice message to be transmitted to [her] cellular telephone,” and that the voice, identifying itself as “AmOne,” stated “the caller would like to ‘help’ with [Pizarro’s] ‘financial situation'” and “asked [Pizarro] to call . . . back” at a particular telephone number. (See Compl. ¶¶ 20-21, 25.) According to Pizarro, the “unsolicited prerecorded message . . . inva[ded] [her] privacy” and caused “aggravation,” “annoyance,” “inconvenience[,]” and “disruption to [her] daily life.” (See Compl. ¶ 38.) Based on the above allegations, Pizarro asserts, on behalf of herself and a putative class, a claim for violation of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §§ 227(b) and 64.1200(a).
Judge Chesney found the Arbitration Clause to be conspicuous, and enforced it.