· 8/16/2004
Iberia Credit Bureau, Inc. v. Cingular Wireless LLC
Citations
- 379 F.3d 159
- 2004 WL 1622065
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- enforcing arbitration agreement with class-action prohibition and rejecting position that it was unconscionable because it immunized company from low-value claims
- “The final paragraph on the back of the form contains an arbitration clause ... stat[ing] that any arbitration would be confidential, and it includes a severability clause .... ”
- “‘[G]enerally applicable contract defenses, such as fraud, duress, or unconscionability, may be applied to invalidate arbitration agreements ....’”
- while the confidentiality requirement is probably more favorable to the cellular provider than to its customer, the plaintiffs have not persuaded us that the requirement is so offensive as to be invalid.
- change-in-terms provision of the contract did not render the contract’s obligations illusory; “[t]he fact that the company has the right to change the terms upon notice does not mean that the contract never bound it”
- same, in cellular customer-provider context
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Reavley, Garza
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.