District Court Judge Denies Home Advisor’s Motion to Compel Arbitration; Case will now proceed entirely in Federal Court

By Order dated September 17, 2019, Chief United States District Judge Philip A. Brimmer denied Home Advisor’s motion to compel arbitration. That motion was aimed at eliminating from the proposed class action tens of thousands of Home Service Professionals on the basis that they were required to pursue their claims on an individual basis in mandatory arbitration proceedings instead of being able to participate as class members in federal court. Plaintiffs opposed the motion on the grounds that a contract to arbitrate was never created at the point at which Home Service Professionals became Home Advisor members. The Court’s order agreed with Plaintiffs, determining that given the manner in which Home Service Professionals were solicited and became members of Home Advisor, “Defendant has failed to meet its burden to present ‘evidence sufficient to demonstrate the existence of an enforceable agreement’ and therefore defendant’s motion to compel arbitration and stay claims will be denied.”