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Ting v. AT&T

United States District Court (N.D. Cal.)Case No. C 012969 BZ ADR

Case Type:  Consumer Rights

A class action lawsuit against AT&T on behalf of seven million California consumers.  In its landmark ruling, the court found that the mandatory arbitration clause was illegal, unconscionable, and unenforceable because it sought to strip consumers of legal rights and remedies available to them in a judicial forum, including consequential and punitive damages, the right to file and participate in class actions, the right to recover costs upon prevailing, and the right to a public forum.  Ting v. AT&T, 182 F.Supp.2d 902 (N.D. Cal. 2002).  The Ninth Circuit affirmed in most respects in a significant opinion.  319 F.3d 1126 (9th Cir.), cert. denied, 540 U.S. 811 (2003).

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