Consumerist
A class action lawsuit can proceed in Washington after the Ninth U.S. Circuit Court of Appeals ruled T-Mobile's mandatory binding arbitration clause "unconscionable and unenforceable under Washington state law."
From the Seattle Post-Intelligencer:
T-Mobile customers Kathleen Lowden and John Mahowald sued T-Mobile in King County Superior Court in 2005, alleging that the wireless carrier wrongly charged them for roaming, long distance, night-time and other fees that should have been free. They said T-Mobile also levied other charges, such as "a universal service fund fee," that weren't advertised.This isn't the first time Ninth Circuit Court of Appeals has ruled in favor of consumers on this issue. Last year a class action involving Cingular was allowed to proceed when that company's "class action waiver" was ruled unconscionable.T-Mobile removed the case to federal district court and tried to compel mandatory arbitration, noting that the consumers had signed a contract agreeing to resolve their disputes in this manner.
T-Mobile customers can sue, court rules [Seattle P-I]
Opinion by Judge Gould (PDF)
(Photo:swruler9284)
