BusinessLawScottCingularArgument

BusinessLawScottCingularArgument - The plaintiff Mr Scott...

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The plaintiff, Mr Scott, is entering arbitration based upon an arbitration clause in Cingular Wireless’ mobile contracts. The class action waiver is unenforceable because it denies the large consumer base of Cingular the protection of Washington’s Consumer Protection Act, Chapter 19.86 RCW. That itself clears Cingular from liability for a whole class of wrongful conduct. The arbitration clause outlines that if any part is found unenforceable, the entire clause needs to be void. The business contracts that Doug Scott signed were agreements that included a clause requiring mandatory arbitration and prohibited class actions and class arbitration. Cingular’s contract is not complex, illegible, or misleading to be used as not effective. The amount owed to the individual is insignificant, that is why class action is necessary. The class action waiver prevents the drafter from a potential liability for small claims, no matter how widespread they are.
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