AT&T Customers Attack FAA's Constitutionality At 9th Circ.

Law360, San Francisco (October 17, 2017, 9:10 PM EDT) -- A putative class of AT&T wireless customers urged the Ninth Circuit on Tuesday to find a lower court erred by forcing them to arbitrate claims that AT&T misrepresented its unlimited mobile data plan, arguing the Federal Arbitration Act violates their constitutional right to petition a court for redress.

The customers' attorney, Alexander H. Schmidt of Wolf Haldenstein Adler Freeman & Herz LLP, told a three-judge panel that over the last 20 years, there's been a radical transformation in the ability of consumers to enforce their rights in court, due to a proliferation of adhesive arbitration clauses in contracts.

"It's a change...

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