Citing Concepcion, 11th Circ. Nixes Sprint Fee Suit

Law360, New York (August 22, 2012, 5:52 PM EDT) -- The Eleventh Circuit on Monday dismissed a Sprint Nextel Corp. customer's putative roaming fee class action under the U.S. Supreme Court's landmark Concepcion decision, ruling that the Federal Arbitration Act preempts any Florida law that might void a class action waiver in a consumer contract.

The appeals court affirmed the Southern District of Florida's order compelling arbitration in the dispute alleging the wireless provider charged its users for roaming fees on calls placed within the network's own coverage area.

Plaintiff James Pendergast, a former Sprint wireless...
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