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McKEE v. AT & T CORP.

No. 81006-1.

191 P.3d 845 (2008)

Michael McKEE, individually and on behalf of all other persons similarly situated, Respondent, v. AT & T CORPORATION, a foreign corporation, Petitioner.

Supreme Court of Washington, En Banc.

Decided August 28, 2008.

Attorney(s) appearing for the Case

Daniel Maring Waggoner, Cassandra Lynn Kinkead, Davis Wright Tremaine LLP, Seattle, for Petitioner.

Scott Michael Kane, East Wenatchee, WA, Leslie A. Bailey, Oakland, CA, F. Paul Bland, Jr., Public Justice, PC, Washington, DC for Respondent.

Katherine M. Tassi, Attorney General's Office, Seattle, Amicus Curiae on Behalf of Washington Attorney General's Office.

Kelby Dahmer Fletcher, Peterson Young Putra, Seattle, Sarah C. Schreck, Portland, Bryan Patrick Harnetiaux, Spokane, Amicus Curiae on Behalf of Washington State Trial Lawyers Association.

CHAMBERS, J.

¶ 1 Michael McKee filed this class action suit, alleging AT & T wrongly charged him (and others) city utility surcharges and usurious late fees. When the Chelan County Superior Court found the dispute resolution provision of AT & T's Consumer Services Agreement unconscionable and denied its motion to compel arbitration, AT & T appealed. The Court of Appeals, Division Three, certified the case to this court. We affirm the trial court and...

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