Question: 3.6 Case Problem with Sample Answer. Kathleen Lowden sued cellular phone company T-Mobile, claiming that its service agreements were not enforceable under Washington state law.
3.6 Case Problem with Sample Answer. Kathleen Lowden sued cellular phone company T-Mobile, claiming that its service agreements were not enforceable under Washington state law. Lowden sued to create a class-action suit, in which her claims would extend to similarly affected customers. She contended that T-Mobile had improperly charged her fees beyond the advertised price of service and charged her for roaming calls that should not have been classified as roaming. T-Mobile moved to force arbitration in accord with the arbitration provision in the service agreement. The arbitration provision was clearly explained in the service agreement. The agreement also specified that no class-action suit could be brought, so T-Mobile asked the court to dismiss the classaction request. Was T-Mobile correct that Lowden’s only course of action would be to file arbitration personally? [Lowden v. T-Mobile USA, Inc., 512 F.3d 1213 (9th Cir. 2008)]
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