No. 08-16080.

648 F.3d 1205 (2011)

Lourdes CRUZ, Paul Flaherty, Jr., and Curtis Smith, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. CINGULAR WIRELESS, LLC, a foreign corporation now known as AT&T Mobility, LLC, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 11, 2011.

Attorney(s) appearing for the Case

Frank Paul Bland, Jr. , Amy Radon , Public Justice, P.C., Washington, DC, Scott Wm. Weintsein , Morgan & Morgan, P.A., Fort Myers, FL, Leslie A. Bailey , Public Justice, P.C., Oakland, CA, for Appellants.

Evan M. Tager , Archis Ashok Parasharami , Mayer Brown, LLP, Washington, DC, Jack Wilson , Bradley, Arant, Boult, Cummings, LLP, Jackson, MS, John J. Shahady , Adorno & Yoss, LLP, Ft. Lauderdale, FL, for Appellee.

Deborah M. Zuckerman , AARP Found. Lit., Washington, DC, David L. Balser , McKenna, Long & Aldridge, LLP, Atlanta, GA, for Amici Curiae.

Before MARCUS, FAY and ANDERSON, Circuit Judges.

MARCUS, Circuit Judge:

The Plaintiffs in this case are customers of Defendant AT&T Mobility, LLC ("ATTM"),1 a cellular phone company. Each signed a contract with ATTM, agreeing that any disputes between themselves and ATTM would be resolved through binding arbitration on an individual, rather than classwide, basis. In spite of this contractual "class action waiver," the Plaintiffs sought to pursue their consumer fraud claims against...

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