Greenspoon Marder Obtains Dismissal on Behalf of Grand Caribbean Cruises, Inc.

Jan 21, 2022

Ft. Lauderdale, Fla. – January 21, 2022 – Greenspoon Marder is pleased to announce partner Jeffrey A. Backman and senior counsel Roy Taub have secured a defense victory for client Grand Caribbean Cruises, Inc. (“GCC”). The lawsuit alleged violations of the Telephone Consumer Protection Act (“TCPA”) and sought to certify a nationwide class action.

The lawsuit was brought on behalf of Plaintiff Jacqueline Barney in state court in a putative class action for alleged violation of the TCPA. After removing the class action to the United States District Court for the Southern District of Florida, Greenspoon Marder filed a motion to compel arbitration based on the Plaintiff’s agreement to arbitrate any disputes relating to telephone calls, including from GCC, arising from the Plaintiff’s sweepstakes entry on a third-party website. On January 17, 2022, Judge Rodolfo A. Ruiz II issued an order in favor of Greenspoon Marder’s motion to compel arbitration, finding the Plaintiff’s arguments about the layout and content of the website being insufficient to place her on notice that she agreed to the website’s terms and conditions, which contained the arbitration provisions, “hold no water.”

Additionally, Judge Ruiz sided with GCC, concluding that the evidence presented by Greenspoon Marder showed that the website required users to check a box accompanied by language indicating that the user “agree[s] to the Privacy Policy and Terms & Conditions that are hyperlinked at the bottom of the page” to enter the sweepstakes, finding that language means a website user such as Plaintiff “would understand that he or she is assenting to the linked terms, including those pertaining to mandatory arbitration.”

“The court’s decision is an excellent result for our client,” said Mr. Backman. “To say we are pleased is an understatement, and the successful outcome was a result of our team’s hard work.”

Greenspoon Marder’s Class Action Defense practice group has successfully defended against hundreds of TCPA class actions. We are keenly aware of the underlying substantive areas of law in TCPA and other consumer class action lawsuits that can bankrupt even the biggest companies, and defending against them is no small feat. Experienced, strategic counsel is a necessity.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Obtains Dismissal on Behalf of Grand Caribbean Cruises, Inc.

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