Scott v. Cingular Wireless
Supreme Court of Washington
160 Wash.2d 843 (2007)
Relevant factsFree
Cingular's (defendant) standard cellular contracts included a mandatory arbitration clause banning class actions, with Cingular promising to cover arbitration costs and fees if a customer prevailed; customers (plaintiffs) who claimed they were systematically over-billed roughly $45 per month for long-distance and roaming calls brought a class action, and the trial court, rejecting their unconscionability argument, compelled individual arbitration.
IssueFree
Whether a class action waiver in an arbitration agreement, which violates public policy, is considered unconscionable and thereby unenforceable.