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. The waiver states that You (Plaintiff) and Cingular agree that you may bring claims
This is the end of the preview. Sign up
access the rest of the document.
This note was uploaded on 02/25/2010 for the course MAT 443 taught by Professor Roberts during the Winter '10 term at Arizona.