Logourl black
From our private database of 14,200+ case briefs...

Scott v. Cingular Wireless

Supreme Court of Washington
160 Wash.2d 843 (2007)


Facts

Doug Scott, Loren and Sandra Tabasinske and Patrick and Janet Oishi (Scott/Oishi) (plaintiffs) purchased cellular telephones and calling plans from Cingular Wireless (Cingular) (defendant). The standard pre-printed contracts signed by Scott/Oishi contained a mandatory arbitration clause which included a provision prohibiting class actions. Cingular's revised provision stated that Cingular would pay arbitration costs if the claim was not found to be frivolous; that it would reimburse the customer for reasonable attorneys' fees and expenses if the customer recovered at least the demand amount and that if the waiver of class action provision were to be found unenforceable, the clause for arbitration would become null and void. Scott/Oishi commenced a class action in which they asserted that they were improperly billed for long distance and/or "roaming" calls, and that as a result of these charges, they were over-billed up to approximately $45 per month. The trial court disagreed with Scott/Oishi's contention that the class action waiver provision was substantively and procedurally unconscionable and thereby unenforceable, and granted Cingular's motion to compel individual arbitration. Scott/Oishi appealed.

Rule of Law

Issue

Holding and Reasoning (Chambers, J.)

Dissent (Madsen, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 252,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.