Foley

INTRODUCTION

James and Lou Ann Foley filed this action against Airtouch Cellular Inc. dba Verizon Wireless (Verizon) after their Samsung Galaxy cell phone exploded, injuring James and damaging property in the Foleys’ home. Verizon filed a motion to compel arbitration based on a provision in a customer agreement signed by Lou Ann. The trial court granted the motion to compel Lou Ann to arbitrate her claims, but denied the motion to compel James, who did not sign the agreement, to arbitrate his. Verizon argues the trial court should have compelled James to arbitrate his claims because he was the account owner, Lou Ann acted as his agent when she purchased the phone from Verizon and signed an arbitration agreement, and James is equitably estopped from refusing to arbitrate. Because Verizon’s arguments are forfeited and meritless, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Lou Ann Buys a Cell Phone, Which Later Explodes On June 15, 2014 Lou Ann bought a Samsung Galaxy cell phone and signed up for a wireless service plan at a Verizon store. Lou Ann signed, after the words “Customer’s Signature,” a two-page “Verizon Wireless Customer Agreement” (the June 2014 agreement).…