Daniel Berman v. Freedom Financial Network LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL BERMAN; STEPHANIE No. 20-16900

HERNANDEZ; ERICA RUSSELL,

Plaintiffs-Appellees, D.C. No. 4:18-cv-01060- v. YGR

FREEDOM FINANCIAL NETWORK,

LLC; FREEDOM DEBT RELIEF, LLC; OPINION

FLUENT, INC.; LEAD SCIENCE, LLC,

Defendants-Appellants.

Appeal from the United States District Court for the Northern District of California Yvonne Gonzalez Rogers, District Judge, Presiding

Argued and Submitted October 21, 2021 San Francisco, California

Filed April 5, 2022

Before: Paul J. Watford and Andrew D. Hurwitz, Circuit Judges, and M. Miller Baker, * International Trade Judge.

Opinion by Judge Watford; Concurrence by Judge Baker

* The Honorable M. Miller Baker, Judge for the United States Court of International Trade, sitting by designation. SUMMARY **

Arbitration

The panel affirmed the district court’s order denying defendants’ motion to compel arbitration in a putative class action under the Telephone Consumer Protection Act.

In Part I of its opinion, the panel summarized the facts and…