Sanford

Patricia Sanford appeals the district court’s order confirming an arbitration award in her action against Member-Works, Inc., West Corporation, and West Telemarketing Corporation for alleged violations of 39 U.S.C. § 3009 and related state law claims. Preston and Rita Smith appeal the district court’s order denying their motion to intervene in the same action. The district court had jurisdiction under 28 U.S.C. § 1331 . This court has jurisdiction under 28 U.S.C. § 1291 . We affirm in part, vacate in part, and remand for further proceedings.

I. Background

In response to a television advertisement, Sanford purchased a set of fitness tapes by phone from NCP Marketing, through a call center operated by defendants West Corporation and West Telemarketing Corporation (collectively “West”). At the time, defendant Member-Works, Inc. had an agreement with NCP under which NCP’s sales agent, West, would read customers a sales script for a free trial membership in the Member-Works Essentials program. The script was identical or substantially similar to the following:

According to MemberWorks records, Sanford was enrolled in the Essentials program and was sent a membership kit with an…