ScottArgument2

ScottArgument2 - Scott v Cingular Corporation Issue 2: Does...

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Scott v Cingular Corporation Issue 2: Does the class action waiver that Cingular has placed in their consumer contract that restricts individuals to open a class action case, violate the right to a class action protected by the Washington State Consumer Protection Act? 1) The Washington State Protection act, since its adoption in 1971, has encouraged consumers to privately enforce provisions of the act. It states that individual consumers will act as “private attorneys general”, which helps promote the public good with individual interests. The Washington State CPA does not prohibit class actions; Washington courts have certified class actions under the CPA. Exhibit #2: Lowden v. T-Mobile USA, Inc., 512 F. 3d 1213Arbitration Class Action Defense Cases-Lowden v. T-Mobile: Ninth Circuit Affirms District Court Denial Of Defense Motion To Compel Arbitration Of Class Action Finding Class Action Waiver In Arbitration Agreements Unconscionable And Unenforceable 4) Without class actions, consumers would have a far less ability to vindicate the Washington
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ScottArgument2 - Scott v Cingular Corporation Issue 2: Does...

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