Scott v. Cingular Wireless

*847¶1 The plaintiffs below filed a class action suit against Cingular Wireless alleging that Cingular had overcharged consumers between $1 and around $45 per month by unlawfully adding roaming and hidden charges. The trial court entered an order compelling individual arbitration based on an arbitration clause in Cingular’s standard subscriber contracts. That arbitration clause contained a provision prohibiting class action litigation or arbitration. Plaintiffs contend that class action waiver is unconscionable and unenforceable.

Chambers, J.

¶2 We took direct review1 and conclude that the class…