Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Shroyer v. New Cingular Wireless Services, Inc.

United States Court of Appeals for the Ninth Circuit
498 F.3d 976 (9th Cir. 2007)


Kenneth Shroyer (plaintiff) subscribed to two cellular-service contracts with AT&T Wireless Services, Inc. (AT&T). After AT&T merged with Cingular Wireless Services, Inc. (Cingular) (defendant) in 2004, the quality of Shroyer’s cellular service deteriorated. Cingular advised Shroyer that his service could only improve if he signed a contract extension with Cingular. In 2005, Shroyer signed a form contract to switch his cellular phone accounts to Cingular. The form contract incorporated by reference Cingular’s "Terms and Conditions Booklet." The booklet included a clause requiring that all disputes arising out of the agreement be resolved by arbitration and prohibiting subscribers from bringing class arbitrations against Cingular. The clause also included a non-severability provision, which stated that if the class arbitration waiver was found unenforceable, the entire arbitration clause would be unenforceable. In 2006, Shroyer sued Cingular in a class action lawsuit before the California Superior Court, alleging that Cingular, for the purpose of increasing profits, misrepresented that cellular service could only be improved if customers entered extension contracts with Cingular. Cingular removed the case to the United States District Court for the Central District of California and moved to compel arbitration, pursuant to the Federal Arbitration Act (FAA). The district court granted the motion and dismissed the action. Shroyer appealed, arguing that the arbitration clause was procedurally and substantively unconscionable.

Rule of Law


Holding and Reasoning (Reinhardt, C.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 457,000 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 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial