Is it illegal in CA for cell phone companies to charge early contract termination fees?
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Is it illegal in CA for cell phone companies to charge early contract termination fees?
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Last June, an Alameda County Superior Court judge ruled that it was against CA law for cell phone companies to charge early contract termination charges. The ruling was preliminary and lawyers for Sprint were going to have a chance to file a rebuttal before the judge considered making the ruling permanent.
Does anyone know if this ruling was made permanent, or if the cell phone industry appealed it if it was?
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John S
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I believe you may have your facts a bit wrong. I think the litigation you are referencing is Gatton v. T-Mobile USA. The question which was first presented to the Alameda County Superior Court was whether T-Mobile could compel arbitration. The superior court ruled that it could not, and that ruling was affirmed on appeal in June, 2007 (Gaston v. T-Mobile USA (2007) 152 Cal.App.4th 571.) T-Mobile then kept litigating, and losing, until the US Supreme Court denied cert in May, 2008.
As far as I can tell, the case is back in the superior court, and no judgment on the merits of the complaint has yet been entered. There is certainly no subsequent appellate litigation either decided or pending. |
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darrell e
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yes its still illegal |
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