A federal appeals court has upheld the constitutionality of the Federal Arbitration Act in a case that raised “novel and difficult questions of first impression” over when, if ever, private companies could be considered acting for the state.

The case, which attracted amicus briefs from Public Justice, the U.S. Chamber of Commerce, and the Retail Litigation Center, involved four plaintiffs who brought a class action alleging false advertising over AT&T’s “unlimited” service plans. The suit claimed AT&T intentionally slowed data once their usage reached between two and five gigabytes. AT&T moved to compel arbitration, which plaintiffs opposed by alleging that the FAA violated the First Amendment rights of its customers to petition the government.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]