Gatton v. T-Mobile USA, Inc.
Court of Appeals of California
152 Cal. App. 4th 571 (2007)
Relevant factsFree
T-Mobile (defendant) required subscribers to accept its Terms, prominently disclosed in the phone packaging and shipping materials, including a mandatory arbitration clause barring class arbitration. Gatton and other subscribers (plaintiffs) sued challenging Terms provisions; T-Mobile moved to compel arbitration, and the trial court denied the motion, finding the class-arbitration ban unconscionable.
IssueFree
Whether an arbitration clause that is both procedurally and substantively unconscionable is valid and enforceable.