By Michael Leffel, Tony Tootell and Aaron Wegrzyn ( February 15, 2018, 10:59 AM EST) -- The Telephone Consumer Protection Act remains a hotbed of class action litigation. With statutory damages of up to $1,500 for each call, text or fax, the potential exposure creates the threat of annihilating damages for some businesses. This article discusses an additional, often overlooked, tool for defendants in TCPA cases — moving to compel arbitration. It may be useful in cases that raise the threat of what former Second Circuit Judge Henry Friendly once referred to as "blackmail settlements": cases where the potential damages are so overwhelming that even defendants with meritorious defenses may feel compelled to settle.[1]...