Supreme Court rules against Alltel in cell phone fee case | Arkansas Blog

Thursday, September 18, 2014

Supreme Court rules against Alltel in cell phone fee case

Posted By on Thu, Sep 18, 2014 at 10:12 AM

A divided Arkansas Supreme Court came down narrowly on the side of plaintiffs today in an interim proceeding in a class action lawsuit over termination fees for Alltel cell phone customers.

A class action was certified in Saline County (by the Supreme Court over a contrary circuit court ruling) over Alltel's early termination fee. After that class action was certified, Alltel sought to have the class exclude people who'd signed an arbitration agreement in their contracts after 2004. The plaintiff objected because Alltel had not raised that issue previously. The circuit agreed that the group shouldn't be excluded because there was no "mutuality" in the arbitration provision. Alltel could compel arbitration, but it also could seek help in court. The Supreme Court agreed:.

Succinctly put, Alltel provided itself with an "out" to the required arbitration

It affirmed the class action. The vote was 4-3, with Justices Courtney Goodson, Karen Baker and Cliff Hoofman dissenting.

The Arkansas State Chamber of Commerce had intervened in the case, with an amicus brief arguing, among others, the benefits of arbitration in holding down product costs. It said the case presented the state Supreme Court with an opportunity to "vindicate the national policy in favor of arbitration."



Subscribe to this thread:

Add a comment

More by Max Brantley

  • Governor responds to Medicaid work rule lawsuit

    Gov. Asa Hutchinson has responded sharply to the lawsuit challenging the legality of the state's new work requirement for Medicaid coverage and also criticizing the online-only reporting requirement. His statement:
    • Aug 14, 2018
  • That Medicaid 'work' rule keeps on 'working'

    The latest numbers from the Department of Human Services show  thousands more people did not meet the reporting requirement on work hours in July to meet Medicaid eligibility standards.
    • Aug 14, 2018
  • LRSD school registration problems

    Vincent Tolliver, a candidate for Little Rock, mayor, has written legislators asking the Senate Education Committee to ask Education Commissioner Johnny Key to testify about problems encountered by parents on Monday, the first day of school in the state-run Little Rock School District.
    • Aug 14, 2018
  • More »

Readers also liked…

  • Trump immigration protest at LR: Quick and fierce

    It was not even 24 hours ago that Sophia Said, director of the Interfaith Center; City Director Kathy Webb and others decided to organize a protest today of Donald Trump's executive order that has left people from Muslim countries languishing in airports or unable to come to the US at all — people with visas, green cards,a  post-doc graduate student en route to Harvard, Google employees abroad, families. I got the message today before noon; others didn't find out until it was going on. But however folks found out, they turned out in huge numbers, more than thousand men, women and children, on the grounds of the state Capitol to listen to speakers from all faiths and many countries.
    • Jan 29, 2017
  • Latest Obamacare repeal bill would hit Arkansas treasury hard

    The latest effort to undo Obamacare, the Graham-Cassidy legislation, would shift federal support for health coverage to a block grant system to the states. Bad news for Arkansas.
    • Sep 18, 2017
  • Free Zinn book for Arkansas teachers

    Arkansas teachers! Get your free Howard Zinn book here! Whether Kim Hendren likes it or not.
    • Mar 3, 2017

Most Viewed

Most Recent Comments



© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation