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Court Denies Fulton Bank's Bid to Compel Arbitration in TCPA Suit Over One Loan Robocall

Published
Score
22

Why it matters

A federal judge in the Western District of Virginia refused to force arbitration in Ertl v. Fulton Bank, N.A. on October 27, 2026, ruling that the arbitration clause in Ertl's checking account agreement did not reach marketing calls. The case, Civil Action No. 3:2026cv00011, was filed February 20, 2026, and is assigned to Judge Joel C. Hoppe. John Ertl alleges that Fulton Bank violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, by sending him a single prerecorded call urging him to "call Fulton Bank if he was in the market for a new loan." He alleges that his number was on the national Do Not Call registry and that he had asked Fulton not to market to him. The court read the clause, which covers disputes that "arise from or relate to this agreement, your account," as limited to account services. The ruling turned on that wording, not on whether Ertl accepted the agreement. The court suggested that broader language, such as "including but not limited to," could have covered the dispute.

The opinion has not been reviewed directly. The details here come from legal-industry commentary by TCPAWorld and National Law Review and from the docket listing. No mainstream press coverage has been identified. The case is still pending, and the full reasoning and any next steps, including whether Fulton appeals or moves to compel arbitration on other grounds, are not yet public.

For attorneys, the decision has two practical points. First, arbitration clauses in deposit agreements may not extend to marketing outreach unless they say so expressly, so drafting scope language is worth reviewing for clients who call consumers. Second, the TCPA exposure is steep. Commentary notes that the DNC provisions include a one-call safe harbor but the prerecorded-call rules of § 227(b) do not, so a single unwanted prerecorded call can support a class action. Statutory damages of $500 per call make that exposure grow quickly. Clients running prerecorded campaigns should confirm consent records and scrub against the DNC registry.

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