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· 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 CourtListener

Sourced 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.