Marcus Roberts v. At&t Mobility LLC

OPINION

TALLMAN, Circuit Judge:

Marcus Roberts, Ashley and Kenneth Chewey, and James Krenn (“Plaintiffs”) appeal an order compelling arbitration of their putative class action claims against AT&T Mobility LLC (“AT&T”). Plaintiffs allege that AT&T falsely advertised their mobile service plans as “unlimited” when in fact it intentionally slowed data at certain usage levels. AT&T moved to compel arbitration, and Plaintiffs opposed on First Amendment grounds. The district court compelled arbitration, holding as a threshold matter that there was no state action.

On appeal, Plaintiffs raise two…