Marina Saucedo-Arevalo v. Eric Holder, Jr.

I. BACKGROUND

Defendant-Appellee Clearwire US LLC (“Clearwire”) pro- vides wireless internet and telephone services. Subscribers to Clearwire’s services are required to enter into a Service Agreement that sets forth the terms of the subscription. Sub- scribers may select a month-to-month contract with no obliga- tions beyond payment of a monthly subscription charge. Alternatively, subscribers may enter into a fixed-term Service Agreement, under which customers commit to paying for ser- vice for either one or two years. However, subscribers who choose the fixed-term contract and later cancel their service before the end of the contract term are subject to an “early ter- mination fee” or “ETF.” For customers who entered into a fixed-term Service Agreement before March 7, 2007, and then cancelled their service, Clearwire charged a flat ETF of $180. For customers who entered into a fixed-term Service Agree- ment on or after March 7, 2007, the ETF starts at $220, and is reduced by $5 for each month the customer remained sub- scribed, if the contract was for two years; or the ETF is reduced by $10 for each month the customer remained sub- scribed, if the contract was for one year.…