Rivera-Colon v. AT&T Mobility Puerto Rico, Inc
913 F.3d 200
| 1st Cir. | 2019Background
- Rivera worked for AT&T in Puerto Rico for ~20 years; in 2016 AT&T terminated her and she sued for age discrimination and wrongful termination.
- In 2011–2012 AT&T emailed Rivera an optional arbitration agreement stating that failure to opt out by Feb 6, 2012 would be deemed assent; employees had to (1) open and acknowledge reading the agreement and (2) click an opt-out link if they wished to decline.
- AT&T's records show Rivera opened the agreement twice and clicked the "Review Completed" acknowledgement button after a follow-up email; she did not follow the opt-out link.
- AT&T moved to compel arbitration; the district court granted the motion and dismissed the case, finding Rivera had notice and was bound by the arbitration agreement.
- On appeal Rivera argued under Puerto Rico law that silence/inaction cannot constitute acceptance of an unsolicited offer and that any waiver/forum-selection effect required a heightened acceptance standard; AT&T argued silence could constitute acceptance here because it expressly conditioned assent on failure to opt out and Rivera knowingly acknowledged receipt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a valid arbitration agreement existed under Puerto Rico law | Rivera: Silence/inaction cannot be treated as acceptance of an unsolicited offer; she never affirmatively accepted | AT&T: Silence may constitute acceptance where offeror notifies offeree and offeree knows failure to opt out will be treated as assent; Rivera acknowledged the notice and kept working | Held: Court affirmed—Rivera impliedly consented by acknowledging reading the agreement and failing to opt out in the employment relationship |
| Whether the facts unequivocally show intent to accept | Rivera: Clicking "Review Completed" only acknowledged reading, not assent; later litigation contesting arbitration shows no intent | AT&T: Acknowledgment plus continued employment and failure to opt out demonstrate informed, voluntary acceptance | Held: The court found intent was shown at the time of formation; later denial in litigation is irrelevant to formation |
| Whether a heightened acceptance standard applies because the agreement waives rights | Rivera: Arbitration waives substantive rights (jury) and thus requires clear, express waiver | AT&T: FAA preempts singling out arbitration for special rules; waiver rules cannot be stricter for arbitration | Held: Court rejected heightened standard—FAA requires arbitration agreements be treated like other contracts, so no special rule applies |
| Whether forum-selection/public-policy doctrine defeats enforcement | Rivera: Forum-selection-like effect should be subject to stricter scrutiny and public-policy defenses | AT&T: Forum-selection challenges cannot impose special restrictions on arbitration agreements under the FAA | Held: Court held Puerto Rico cannot impose special restrictions on arbitration clauses; enforcement permitted |
Key Cases Cited
- AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (federal policy favors arbitration)
- Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 (arbitration agreements are contracts and treated like other contracts)
- Doctor's Associates, Inc. v. Casarotto, 517 U.S. 681 (state may not single out arbitration agreements for disfavored treatment)
- Volt Information Sciences, Inc. v. Board of Trustees, 489 U.S. 468 (parties are not required to arbitrate absent agreement)
- Marrero-García v. Irizzary, 33 F.3d 117 (1st Cir. 1994) (silence generally not acceptance; contrasted with facts here)
- National Federation of the Blind v. The Container Store, Inc., 904 F.3d 70 (1st Cir. 2018) (court should not compel arbitration absent valid agreement)
- Teachers Annuity & Retirement Sys. v. Sociedad de Gananciales, 115 D.P.R. 277 (P.R. 1984) (Puerto Rico recognizes implied consent to contracts; conduct must unequivocally show will to consent)