Greenspoon Marder Secures Arbitration Win for HealthMarkets in TCPA Case

Jul 1, 2025

By: Jeffrey Backman, Esq., Roy Taub, Esq. and Natalie Benayoun, Esq.

Greenspoon Marder and its client, HealthMarkets Insurance Agency, Inc. (“HealthMarkets”) secured a significant victory yesterday, obtaining an order compelling arbitration of the plaintiff’s individual claim under the Telephone Consumer Protection Act (“TCPA”) and dismissing the class claims. What had been a putative class action filed in federal court is now an individual case that must proceed to arbitration, significantly reducing any potential exposure.

In Daeshuan Thomas v. Health Market Advisors, Inc., Case No. 5:24-cv-01448, the Court found that a valid arbitration agreement existed when the Plaintiff visited a website unaffiliated with HealthMarkets to obtain health insurance quotes from identified marketing partners. After entering his personal information, the Plaintiff was presented a “Compare Rates” button to make his submission. Directly below this button, Plaintiff was advised that “[b]y clicking the button above” he “agree[s] to the Privacy Policy and Terms of Service.” The “Terms of Service” appeared as a blue hyperlink. The first page of these Terms of Service explicitly stated in bold, all caps text that it contained an arbitration agreement and class action waiver applicable to third parties, including marketing partners like HealthMarkets.

Rejecting all of the Plaintiff’s arguments, and relying upon the evidence submitted by HealthMarkets about the website at issue, the Court concluded that HealthMarkets had established that Plaintiff “(1) had clear notice of the Terms of [Service]; (2) was admonished that, by clicking the ‘Compare Rates’ button, he was agreeing to be bound by the Terms of [Service]; and (3) Plaintiff clicked the button thereby manifesting his assent to the Terms of [Service].” The Court also ruled that HealthMarkets was a third-party beneficiary to the arbitration agreement, resulting in a valid and enforceable arbitration agreement.

The Court also ruled that because the Terms of Service contained a class action waiver, the putative class claims needed to be dismissed, and stayed the lawsuit pending the outcome of the arbitration. This decision underscores the need to have a well-supported and well-argued motion to compel arbitration, because it could significantly alter the course of a lawsuit.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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Greenspoon Marder Secures Arbitration Win for HealthMarkets in TCPA Case

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