Re: Query Has it always been the case that when I get service from ATT Wireless I can not participate in any class action suit??

[David Farber <dave () farber net>]

Begin forwarded message:

From: Ethan Ackerman <eackerma () u washington edu>
Date: August 9, 2009 11:35:18 AM EDT
To: dave () farber net
Subject: Re: [IP] Query Has it always been the case that when I get  
service  from ATT Wireless I can not participate in any class action  
suit??
Reply-To: eackerma () u washington edu

No.

1) It hasn't always been the case in the "time" sense - earlier
versions of AT&T Wireless and Cingular wireless service contracts have
not always had these clauses.

2) It still isn't the case right now in the "legal" sense - at least
sometimes.  The class action waivers you're referring to are not
always enforceable.  This is a fairly contested area of law that
varies greatly from state to state and depends on the wording of the
waiver.

By way of example, federal courts in Washington state and California
have ruled that the class action bans in AT&T's cell phone contracts
couldn't be enforced, because they violated Washington and California
state law.  In contrast, Federal courts in Louisiana have enforced
such class action bans in a T-Mobile cell phone contract, finding that
Louisiana state law at the time allowed the ban.

Frequent IP poster Paul Levy's co-workers at Public Citizen have a lot
of good resources on the issue if anyone wants to know more legal
details:   http://pubcit.typepad.com/clpblog/class_actions/






On Sun, Aug 9, 2009 at 10:45 AM, David Farber<dave () farber net> wrote:
> http://www.wireless.att.com/support/knowledgeBase.do?content=KB50041.html
> Archives




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