Ninth Circuit Rebuffs AT&T Mobility's Arbitration Bid

Law360, New York (October 2, 2009, 1:20 PM EDT) -- A putative class action against AT&T Mobility LLC — formerly Cingular Wireless LLC — over a Cingular marketing campaign can go forward now that an appeals court has affirmed a lower court's finding that a cell phone contract provision requiring consumers to waive the right to bring class actions is unconscionable under California law.

The U.S. Court of Appeals for the Ninth Circuit nixed AT&T Mobility's appeal Sept. 23 and issued an amended memorandum to the same effect on Thursday. The amended memorandum said that only...
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