Schultz v. Verizon Wireless, No. 15-2415 (8th Cir. 2016)
Annotate this CasePlaintiffs filed suit against Verizon, alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. 227, and the Iowa Debt Collection Practices Act, Iowa Code 537.7103 (2014), arising out of a billing dispute. Verizon moved to compel arbitration and plaintiffs filed a response consenting to arbitration. Before the court ruled on Verizon's motion to compel arbitration, plaintiff filed a Notice of Settlement. When the parties were unable to agree on a written settlement agreement, each filed a motion to enforce its version of the settlement. The court concluded that the district court did not err in deciding there was no binding pre-arbitration settlement; the district court did not clearly err in finding no enforceable settlement; and plaintiff Shultz had agreed to arbitration. Accordingly, the court affirmed the district court's order denying plaintiffs' motion to amend or correct the judgment.
Court Description: Loken, Author, with Wollman and Benton, Circuit Judges] Civil case. The district court did not err in determining, based on this record, that the parties had not reached an enforceable settlement; the district court did not err in finding plaintiff had agreed to arbitrate the dispute, and its order compelling arbitration and dismissing the action is affirmed.
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