Darcy TING, individually and on behalf of all others similarly situated; Consumer Action, a non profit membership organization, both as private attorneys general, Plaintiffs-Appellees,
v.
AT&T, a New York corporation, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 7, 2002.
Filed February 11, 2003.
Attorney(s) appearing for the Case
David W. Carpenter, Chicago, IL, for the defendant-appellant.
F. Paul Bland, Jr., Washington, DC, James C. Sturdevant, Karen L. Hindin, The Sturdevant Law Firm P.C., San Francisco, California, for the plaintiffs-appellees.
Michelle R. Van Glederen, Deputy Attorney General (California), Los Angeles, CA, for amicus curiae Attorney General of the State of California; V. Scott Bailey, Assistant Attorney General (Maryland), Baltimore, MD, for amici curiae States and Commonwealths of Maryland, Alaska, Arizona, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maine, Michigan, Minnesota, Missouri, Nevada, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Puerto Rico, South Carolina, South Dakota, Tennessee, Utah, Vermont, Washington, and Wisconsin; Deborah M. Zuckerman, Washington, DC, for amicus curiae American Association of Retired Persons, all urging affirmance.
Christopher R. Lipsett, Eric J. Mogilnicki, and Kirk D. Jensen, Wilmer, Cutler & Pickering, Washington, DC, for amici curiae American Financial Services Association and California Bankers Association, urging reversal.
Before: TASHIMA, THOMAS, and PAEZ, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
TASHIMA, Circuit Judge:
Darcy Ting, individually and on behalf of all others similarly situated, and Consumer Action, a non-profit membership organization, both as private attorneys general, brought suit against AT&T, alleging that AT&T's Consumer Services Agreement ("CSA") violates California's Consumer Legal Remedies Act and that state's Unfair Practices Act by barring customers from, among other things, pursuing claims against AT&T...
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