Comcast Move for Stay in TCPA Complaint Contested
Since Comcast's appeal of an August order denying its motion to compel arbitration is without merit, that also makes its motion to stay the underlying Telephone Consumer Protection Act complaint while that appeal is underway without merit, plaintiff Malik Brown…
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said in a memorandum (in Pacer) filed Monday in U.S. District Court in Los Angeles. "Comcast has no chance on appeal and yet its brief skirts the issue entirely," said Brown, who's suing the company for repeated debt collection calls when he was never a Comcast customer (see 1608220037). Pointing to the multifactor test for granting a stay set up in Supreme Court's 1987 Hilton v. Braunskill decision, Brown said Comcast doesn't make any showing about its likelihood to succeed in its appeal, and it doesn't present any serious legal question that would favor a stay. In its August motion (in Pacer) for a stay, Comcast said its appeal raises two substantial questions about the arbitrability of the claims -- whether an arbitration agreement in a cable service's terms and conditions is binding on a resident of an address who uses the service and whether Federal Arbitration Act Section 4 required a trial to determine whether Brown agreed to arbitrate his claims.