AT&T Loses Key Ruling In Class Action Over Unlimited-Data Throttling

An anonymous reader quotes a report from Ars Technica: AT&T's mandatory-arbitration clause is unenforceable in a class-action case over AT&T's throttling of unlimited data, a panel of U.S. appeals court judges ruled this week. The nearly five-year-old case has gone through twists and turns, with AT&T's forced-arbitration clause initially being upheld in March 2016. If that decision had stood, the customers would have been forced to have any complaints heard individually in arbitration. But an April 2017 decision by the California Supreme Court in a different case effectively changed the state's arbitration law, causing a U.S. District Court judge to revive the class action in March 2018. AT&T appealed that ruling to the U.S. Court of Appeals for the Ninth Circuit, but a three-judge panel at that court rejected AT&T's appeal in a ruling issued Tuesday. Judges said they must follow the California Supreme Court decision -- known as the McGill rule -- which held that an agreement, like AT&T's, that waives public injunctive relief in any forum is contrary to California public policy and unenforceable." AT&T claimed that the Federal Arbitration Act preempts the California law, but the appeals court had already ruled in Blair [another case involving the McGill rule] that this federal law doesn't preempt the McGill rule. The judges were also not persuaded by AT&T's argument that the court "abused its discretion in reconsidering its initial order compelling arbitration."Read more of this story at Slashdot.
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