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Hello from the road!
So contract law generally requires a party to manifest their assent to the terms of any agreement.
That means while you cannot get away with saying “I didnt read the contract I signed” you generally can get away with “I didn’t sign the contract.” haha.
In Thompson v. Brew Culture, 2025 WL 2198616 (S.D. Miss Aug. 1, 2025), however, the court enforced an arbitration clause in a contract that the plaintiff agreed to, if at all, only by failing to respond to a text message.
In Thompson the plaintiff signed up for a coffee shop rewards text program to get a cheaper cup of joe. She contends– and the record apparently supports the fact that–she was never told the text program included an arbitration agreement before she provided her number.
Only after she provided her number did she receive a text message with a hyperlink containing the terms of the promotion. Those terms included an arbitration provision.
Thompson sued the coffee shop for TCPA violations and the coffee shop moved to compel arbitration. Thompson opposed arguing: i) the arbitration clause didn’t even cover the coffee shop (the court did not address this argument in its opinion); and ii) she never knew about the clause until after she provided the number– which was the only action demonstrating assent.
While these are pretty strong arguments the court granted the motion concluding that Plaintiff had accepted the arbitration provision by failing to reply “stop” to the message campaign. In the court’s view he Plaintiff had the opportunity to reject the arbitration provision upon learning of its existence by simply saying “stop.” By failing to do so she agreed to the terms.
Interesting, no?
Now I can’t say the court got this wrong, but this is certainly not a result you see everyday.
Much better practice to advise consumers of all terms and conditions BEFORE you send a text message.
Still, this case is a good reminder that consumers do owe some responsibility when it comes to interacting with SMS messages with common sense– let’s hope this trend continues as the onslaught of optout TCPA cases continues to crash the shores of TCPAWorld!
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Under certain state laws, the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
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Find Your Next Job !
Hello from the road!
So contract law generally requires a party to manifest their assent to the terms of any agreement.
That means while you cannot get away with saying “I didnt read the contract I signed” you generally can get away with “I didn’t sign the contract.” haha.
In Thompson v. Brew Culture, 2025 WL 2198616 (S.D. Miss Aug. 1, 2025), however, the court enforced an arbitration clause in a contract that the plaintiff agreed to, if at all, only by failing to respond to a text message.
In Thompson the plaintiff signed up for a coffee shop rewards text program to get a cheaper cup of joe. She contends– and the record apparently supports the fact that–she was never told the text program included an arbitration agreement before she provided her number.
Only after she provided her number did she receive a text message with a hyperlink containing the terms of the promotion. Those terms included an arbitration provision.
Thompson sued the coffee shop for TCPA violations and the coffee shop moved to compel arbitration. Thompson opposed arguing: i) the arbitration clause didn’t even cover the coffee shop (the court did not address this argument in its opinion); and ii) she never knew about the clause until after she provided the number– which was the only action demonstrating assent.
While these are pretty strong arguments the court granted the motion concluding that Plaintiff had accepted the arbitration provision by failing to reply “stop” to the message campaign. In the court’s view he Plaintiff had the opportunity to reject the arbitration provision upon learning of its existence by simply saying “stop.” By failing to do so she agreed to the terms.
Interesting, no?
Now I can’t say the court got this wrong, but this is certainly not a result you see everyday.
Much better practice to advise consumers of all terms and conditions BEFORE you send a text message.
Still, this case is a good reminder that consumers do owe some responsibility when it comes to interacting with SMS messages with common sense– let’s hope this trend continues as the onslaught of optout TCPA cases continues to crash the shores of TCPAWorld!
More Upcoming Events
Sign Up for any (or all) of our 25+ Newsletters
You are responsible for reading, understanding, and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free-to-use, no-log-in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys, or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws, the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 2070 Green Bay Rd., Suite 178, Highland Park, IL 60035 Telephone (708) 357-3317 or toll-free (877) 357-3317. If you would like to contact us via email please click here.
Copyright ©2025 National Law Forum, LLC