Kinkel v. Cingular Wireless, LLC

The defendant, Cingular Wireless, LLC (Cingular), appeals an order denying its motion to compel arbitration and stay a class action suit against it pending arbitration. We find that the arbitration clause itself is enforceable; however, we conclude that the clause’s limitation on class arbitration is unconscionable and thus unenforceable. Accordingly, we reverse and remand.

I. BACKGROUND

The defendant provides cellular telephone service. Pursuant to its service agreement, customers agree to maintain service with Cingular for specified periods of time or “service terms.” If customers wish to…