America Online, Inc. v. Superior Court

In America Online, Inc. v. Superior Court (2001) 90 Cal.App.4th 1 (a case which involved consumers who were being charged monthly services fees even after their subscriptions had expired), the plaintiffs filed a class action lawsuit alleging violations of the CLRA, but there was a choice-of-law provision that did not permit class action lawsuits in the state chosen to litigate the contract. (America Online, at p. 4.) The America Online court concluded that the forum-selection and choice-of-law provisions were unenforceable. (Id. at pp. 17-18.) The court concluded: "The unavailability of class action relief in this context is sufficient in and by itself to preclude enforcement of the ... forum selection clause." (Id. at p. 18.) Relevant here, the America Online court concluded that the CLRA class action remedy furthered a "strong public policy of the state." (America Online, at p. 15.)