9th Circ. Won't Send AT&T Throttle Suit To Arbitration
Law360 (February 20, 2020, 6:25 PM EST) -- A Ninth Circuit panel blocked AT&T from contesting a decision that barred it from forcing customers into arbitration over claims that the wireless giant misrepresented unlimited cellphone data plans.
In an unpublished decision, the panel on Tuesday upheld a California court ruling that found the proposed class of consumers needn't pursue their claims in private after a state supreme court ruling set a precedent in their favor.
"We hold that AT&T's arbitration agreement is unenforceable. Accordingly, we affirm the district court's order denying AT&T's motion to compel arbitration," the memorandum opinion said.
The district court originally sent the claims to arbitration in 2016...
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