Appeals Court Says T-Mobile Can't Require Arbitration

Law360, New York (January 23, 2008, 12:00 AM EST) -- An appeals court ruled Tuesday that T-Mobile USA Inc.'s service agreement arbitration clauses were unenforceable, leaving the way clear for a proposed class action alleging the company charged improper fees.

In its ruling, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision that the provisions are not enforceable under Washington state law. The appellate court also said there is no federal preemption in the case, as the cellular phone carrier had argued.

The case centers on a...
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