Frank H. Boomer, on Behalf of Himself and All Others Similarly Situated v. At & T Corporation, a New York Corporation

MANION, Circuit Judge.

Frank Boomer filed a putative class action lawsuit against AT & T, alleging that AT & T overcharged its customers for contributions to the federal Universal Services Fund. AT & T moved to compel arbitration and to dismiss or stay the pending action, arguing that after the Federal Communications Commission (“FCC”) discontinued the filing of tariffs by telecommunication providers, AT & T had entered into a Consumer Service Agreement (“CSA”) with Boomer which prohibited class actions and mandated arbitration. Boomer argued that the arbitration clause was unconscionable…