Parler Presses Its Case for Arbitration to Settle TCPA Complaint

Despite binding herself to an arbitration agreement and a “forum selection clause” in Parler’s terms of service by registering for and using Parler’s services, plaintiff Catherine Migliano asks the court “to ignore the agreements now that she has sued Parler in derogation of them,” said the right-leaning social media platform Friday (docket 0:22-cv-61805) in reply to Migliano’s Telephone Consumer Protection Act opposition. Migliano doesn't contest that she signed up for Parler and used its services, said Parler. “She nevertheless takes the implausible position that she is not bound by any terms of service or agreements presented to her as a condition of using Parler’s products and services.” Migliano’s failure to respond to Parler’s motion to compel arbitration warrants the motion unopposed, and the motion should be granted, said Parler. Migliano responded Friday by filing a motion for leave to submit a sur-reply to Parler’s assertions. Parler submitted “inadmissible and unauthenticated screenshots” from its website in an attempt to "remedy the deficiencies” of its motion to compel arbitration, said Migliano. To make matters worse, Parler cites nothing in support of its claim that Migliano “would have encountered the website as it appears in the screenshots,” she said.