Winning a Significant Contracts Appeal for T-Mobile

We represented long-time client T-Mobile at both the California trial court and the 6th Appellate District Court in the matter D’Aguiar v. T-Mobile USA, Inc.  This case involved a pivotal issue for the company regarding the enforceability of the arbitration provision in T-Mobile’s consumer cell phone contracts.

In an unqualified victory for our client, the appeals court confirmed in its July 2020 decision that T-Mobile’s terms of use and arbitration requirements within its consumer cell phone agreements are legal and enforceable.

In his original complaint, the plaintiff alleged that T-Mobile violated various laws and statutes.  On behalf of T-Mobile, we responded with a petition to compel arbitration.  The plaintiff challenged the legality and constitutionality of the arbitration provision, claiming it was unenforceable and violated laws related to class action waivers.  The trial court confirmed the arbitration clause was valid and enforceable.  The plaintiff then filed an appeal.  The appellate court confirmed the arbitration provision was binding and lawful.

This is an important ruling for T-Mobile which underlines the legality of its contracts and supports the efficient and cost-effective path of arbitration for the client’s customers.  This successful outcome enables T-Mobile to move forward with its sound contracts language and avoid any additional costly litigation.

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