Doug SCOTT, a married man; Loren R. Tabasinske and Sandra K. Tabasinske, husband and wife; Patrick H. Oishi and Janet Oishi, husband and wife; and all others similarly situated, Petitioners,
v.
CINGULAR WIRELESS, a corporation doing business in the State of Washington; John Does I-XX, Respondents.
Supreme Court of Washington, En Banc.https://leagle.com/images/logo.png
Argued February 28, 2006.
Decided July 12, 2007.
Attorney(s) appearing for the Case
Douglas S. Dunham, Crane Dunham PLLC, Stephen Joel Crane, Steven Gary Rosen, Seattle, WA, Leslie A. Bailey, Trial Lawyers for Public Justice, Oakland, CA, F. Paul Bland, Trial Lawyers for Public Justice, Washington, DC, for Petitioners.
Neal S. Berinhout, Cingular Wireless, Atlanta, GA, Evan M. Tager, David M. Gossett, Mayer, Brown, Rowe & Maw LLP, Washington, DC, David Biderman, Perkins Coie LLP, Santa Monica, CA, Sally Lorraine Morgan, David John Burman, Seattle, WA, Stephanie Vititoe Kornblum, Microsoft Corp., Redmond, WA, for Respondents.
Bryan Patrick Harnetiaux, Spokane, WA, Amicus Curiae on behalf of Washington State Trial Lawyers Association Foundation.
Shannon E. Smith, Office of the Attorney General, Seattle, WA, Amicus Curiae on behalf of Attorney General of Washington.
Kristopher Ian Tefft, Association of Washington Business, Olympia, WA, Amicus Curiae on behalf of Association of Washington Business.
Harold Malkin, Jordan Gross, Yarmuth Wilsdon Calfo PLLC, Seattle, WA, Robin S. Conrad, Amar Sarwal, National Chamber Litigation Center, Inc., Washington, DC, Aphrodite Kokolis, Schiff Hardin LLP, Chicago, IL, Amicus Curiae on behalf of Chamber of Commerce.
James Condon Grant, Shelley Marie Hall, Stokes Lawrence PS, Kelly Twiss Noonan, Seattle, WA, Amicus Curiae on behalf of The Wireless Association CTIA.
Deborah Zuckerman, AARP Foundation, Washington, DC, David A. Leen, Leen & O'Sullivan PLLC, Seattle, WA, Amicus Curiae on behalf of AARP, Amicus Curiae on behalf of National Association of Consumer Advocates.
John Donahue Wilson Jr., Wilson Smith Cochran Dickerson, Seattle, WA, Amicus Curiae on behalf of AARP, Amicus Curiae on behalf of Intel Corporation, Amicus Curiae on behalf of Amazon.com, Inc., Amicus Curiae on behalf of RealNetworks, Inc.
Edward Crane, Andrew Jarzyna, Skadden ARPS Slate Meagher & Flom LLP, Chicago, IL, Amicus Curiae on behalf of Intel Corporation.
David Thomas McDonald, Kirkpatrick & Lockhart Preston Gates Ell, Seattle, WA, Amicus Curiae on behalf of Microsoft Corporation.
Supreme Court of Washington, En Banc.
CHAMBERS, J.
¶ 1 The plaintiffs below filed a class action suit against Cingular Wireless (Cingular) alleging that Cingular had overcharged consumers between $1 and $40 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...
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