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PENDERGAST v. SPRINT NEXTEL CORP.

No. 09-10612.

691 F.3d 1224 (2012)

James PENDERGAST, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. SPRINT NEXTEL CORPORATION, Defendant, Sprint Solutions, Inc., Sprint Spectrum L.P., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 20, 2012.

Attorney(s) appearing for the Case

Douglas F. Eaton , Eaton & Wolk PL, William Gregg Wolk , Homer, Bonner & Delgado, Miami, FL, for Appellant.

David E. Mills , Daniel D. Prichard , Dow Lohnes PLLC, Washington, DC, and Peter Canfield , Dow Lohnes PLLC, Atlanta, GA, for Appellees.

Before CARNES and HULL, Circuit Judges, and GOLDBERG, Judge.

HULL, Circuit Judge:

Plaintiff-Appellant James Pendergast, a former wireless telephone customer of Defendants-Appellees Sprint Solutions, Inc. and Sprint Spectrum, L.P., (collectively, "Sprint"), sued Sprint on behalf of himself and a similarly situated class, alleging Sprint charged improper roaming fees for calls placed within Sprint's coverage areas. Sprint moved to compel arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA...

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