T-Mobile Says It Can't Be Sued By Users Because of Forced-Arbitration Clause
T-Mobile yesterday filed a motion to compel arbitration in U.S. District Court in Maryland, saying that customers agreed to terms and conditions that require disputes to be handled in arbitration instead of courts. The two plaintiffs named in the lawsuit did not opt out of the arbitration agreement, T-Mobile wrote. "As T-Mobile customers, each Plaintiff accepted T-Mobile's Terms and Conditions ('T&Cs')," T-Mobile wrote in a memorandum of law. "In so doing, they agreed to arbitrate on an individual basis any dispute related to T-Mobile's services and to waive their right to participate in a class action unless they timely opted out of the arbitration procedure outlined in the T&Cs. Neither Plaintiff elected to opt out. Accordingly, Plaintiffs have brought their grievances to the wrong forum and their claims should be dismissed in favor of arbitration."
T-Mobile's terms and conditions say, "Thanks for choosing T-Mobile. Please read these Terms & Conditions ('T&Cs'), which contain important information about your relationship with T-Mobile, including mandatory arbitration of disputes between us, instead of class actions or jury trials. You will become bound by these provisions once you accept these T&Cs."
T-Mobile yesterday filed a motion to compel arbitration in U.S. District Court in Maryland, saying that customers agreed to terms and conditions that require disputes to be handled in arbitration instead of courts. The two plaintiffs named in the lawsuit did not opt out of the arbitration agreement, T-Mobile wrote. "As T-Mobile customers, each Plaintiff accepted T-Mobile's Terms and Conditions ('T&Cs')," T-Mobile wrote in a memorandum of law. "In so doing, they agreed to arbitrate on an individual basis any dispute related to T-Mobile's services and to waive their right to participate in a class action unless they timely opted out of the arbitration procedure outlined in the T&Cs. Neither Plaintiff elected to opt out. Accordingly, Plaintiffs have brought their grievances to the wrong forum and their claims should be dismissed in favor of arbitration."
T-Mobile's terms and conditions say, "Thanks for choosing T-Mobile. Please read these Terms & Conditions ('T&Cs'), which contain important information about your relationship with T-Mobile, including mandatory arbitration of disputes between us, instead of class actions or jury trials. You will become bound by these provisions once you accept these T&Cs."
