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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??
From: David Farber <dave () farber net>
Date: Sun, 9 Aug 2009 12:15:25 -0400
Begin forwarded message: From: Ethan Ackerman <eackerma () u washington edu> Date: August 9, 2009 11:35:18 AM EDT To: dave () farber netSubject: 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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Current thread:
- 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 (Aug 09)
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- 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 (Aug 09)