AT&T Loses Appeal to Send Roaming Class Suit to Arbitration (2)

AT&T Mobility LLC failed to convince the Ninth Circuit June 28 to reopen its attempt to send a consumer class action over excessive international billing to arbitration.

A California rule holds that contracts waiving a party’s right to seek public injunctive relief are unenforceable.

The rule is a generally applicable contract defense and therefore isn’t preempted by the Federal Arbitration Act, the U.S. Court of Appeals for the Ninth Circuit said in an unpublished opinion.

AT&T said in an email it respectfully disagrees with the court’s decision, which it called “inconsistent with the arbitration provision agreed upon by the parties, ...