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Court Revives Class Action Against New Cingular

Law360 (August 20, 2007, 12:00 AM EDT) -- A consumer lawsuit alleging a scheme by cell phone provider New Cingular Wireless Services Inc. to force customers to sign up to new contracts has been given a second life after an appeals court ruled the class action waiver embedded in the contract was unconscionable.

In its unanimous opinion published Thursday, the U.S. Court of Appeals for the Ninth Circuit overturned an order by the Los Angeles district court dismissing the case, holding the waiver contained in New Cingular's binding arbitration clause unenforceable under California law....
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