More on Arbitration Agreements in Cell Phone Contracts
(photo by Vilanova, MorgueFile)
In this federal case, the Ninth Circuit held that the addition of an arbitration clause to the cell phone service contract, imposed by way of the posting of a revised contract on its website with no pre-existing notice to its subscribers was unenforceable. The class action plaintiffs were therefore not required to arbitrate their claims and the class action waiver (also imposed upon subscribers in this same manner) was unenforceable. Douglas v. United States District Court for the Central District of California.
Comments (1)
Read through and enter the discussion by using the form at the endMichael Webster - July 19, 2007 10:06 PM
Victoria, the Supreme Court of Canada just recently decided that the validity of a consumer waiver against class proceedings, mandatory arbitration, was in the arbitrator's jurisdiction.
See: http://www.canlii.org/eliisa/highlight.do?text=arbitration+class+action&language=en&searchTitle=Federal+-+Supreme+Court+of+Canada&path=/en/ca/scc/doc/2007/2007scc34/2007scc34.html