Are Provision Which Prohibit Class Actions Legal ?
In Ting v. AT&T, 319 F.3d 1126 (9th Cir. 2003), the plaintiffs brought a class action against AT&T, alleging that the CSA's provision prohibiting class actions violated California's Consumer Legal Remedies Act and the state's Unfair Practices Act.
The district court found the CSA unconscionable and enjoined the enforcement of a number of its provisions, including the arbitration provision.
AT&T appealed on the ground that the application of California's consumer protection laws is preempted by the FCA.
The Ninth Circuit disagreed and affirmed the district court.