Ruling on an issue of first impression, a Pennsylvania Superior Court panel has agreed with a Philadelphia common pleas judge’s argument that class litigation preclusion clauses in standard-form contracts are “unconscionable and unenforceable.”

Thibodeau v. Comcast involves a proposed class of people who rented cable boxes and remotes from Comcast, allegedly unaware until they did so that those items were not needed in order to receive basic cable.

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