On March 5th, the U.S. Court of Appeals for the Eighth Circuit ruled in Kristi VonDeylen v. Aptive Environmental, LLC that claims brought under the Telephone Consumer Protection Act (TCPA) must be resolved through arbitration when they relate to a contractual relationship between a consumer and a business — even if the messages at issue were sent years after the original services ended.

The Court’s ruling could have important implications for ecommerce brands that rely on SMS marketing and arbitration clauses in their terms of service. The decision highlights how broadly courts may interpret arbitration provisions in consumer contracts.

The Case at a Glance

Aptive Environmental, LLC (dba Active Pest Control), is a nationwide residential pest control services company that provides pest control treatment services to homeowners. 

In this case, the plaintiff, Kristi VonDeylen, was a former customer who had previously signed a pest control service agreement with Aptive Pest Control that included an arbitration provision governing disputes related to the contract. After her service relationship ended, VonDeylen alleged that the company continued sending promotional and marketing text messages to her cell phone.

VonDeylen had also placed her phone number on the National Do Not Call Registry, and she claimed the messages violated the Telephone Consumer Protection Act (TCPA) – a federal law regulating telemarketing calls and text messages.

Aptive argued that the dispute should not proceed in court because the arbitration clause in the original service agreement required disputes “relating to” the contract to be resolved through arbitration.

The U.S. Court of Appeals for the Eighth Circuit agreed, holding that the TCPA claims fell within the scope of the arbitration agreement even though the messages were sent years after the customer relationship ended. The court concluded that the text messages were still “related to” the parties’ contractual relationship, meaning the dispute had to be resolved through arbitration rather than litigation.

Why the Decision Matters for Ecommerce Businesses

The ruling highlights how broadly arbitration clauses can apply when disputes arise from an underlying customer relationship. Many ecommerce brands include arbitration provisions in their terms of service and retain customer contact information from prior transactions. 

The Eighth Circuit’s decision suggests that TCPA claims tied to marketing communications may still fall under those agreements—even years later.

For businesses using SMS marketing, the case underscores the importance of reviewing both contract language and messaging practices. Clear arbitration provisions and compliant consent processes remain essential for managing TCPA litigation risk.

Arbitration vs. Litigation Risk

The TCPA has long been a major source of litigation for businesses that communicate with customers by phone or text. The law allows statutory damages of $500 per violation and up to $1,500 for willful violations. This can quickly create enormous exposure for companies engaged in high-volume communications.

While the statute was intended to protect consumers from unwanted telemarketing, it has also become a frequent target for exploitation by serial plaintiffs and opportunistic law firms that pursue technical violations with little or no evidence of real harm. These cases often focus on procedural missteps rather than deceptive conduct, creating costly legal risk for businesses that are trying to communicate with customers in good faith.

Arbitration clauses can play an important role in managing that risk. When enforceable, they can limit large class-action lawsuits, move disputes into individual arbitration, and reduce litigation costs and procedural complexity.

What Comes Next

The VonDeylen decision applies within the Eighth Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota), but appellate rulings like this often influence courts in other jurisdictions.

As litigation around SMS marketing and telemarketing regulations continues to evolve, courts are increasingly examining issues such as consumer consent and the scope of arbitration provisions. For ecommerce brands that rely on SMS marketing for promotions and customer engagement, the decision highlights how well-drafted arbitration clauses can help manage TCPA litigation risk even when disputes arise years after a customer relationship ends.

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Ecommerce Innovation Alliance provides members with analysis of litigation and regulatory developments affecting online commerce and digital marketing. This post is for informational purposes only and does not constitute legal advice.