Hancock v. American Telephone & Telegraph, Inc.

AT&T and related companies (defendants) required U-verse TV, Voice, and Internet customers to affirmatively check a box acknowledging the terms of service — including forum-selection and arbitration clauses — either via a printed copy reviewed with a technician or an online screen during registration. Some existing Internet subscribers, including plaintiff Mutzig, received the new arbitration clause via a clearly labeled email notifying them their continued use would constitute acceptance. Plaintiffs sued in Oklahoma federal court, including RICO claims, and the defendants moved to dismiss based on the forum-selection and arbitration clauses. The district court dismissed based on improper venue, and plaintiffs appealed.