McArdle

ORDER DENYING DEFENDANTS’ MOTION TO COMPEL ARBITRATION AND GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO STRIKE PORTIONS OF THE ANSWER

Plaintiff Steven McArdle charges Defendants AT & T Mobility LLC, New Cingular Wireless PCS LLC and New Cingular Wireless Services, Inc. with unlawfully imposing certain fees in connection with providing cellular telephone services. Defendants now move for an order compelling Plaintiff to submit his claims to binding arbitration pursuant to the terms of a service agreement between the parties. Plaintiff opposes the motion and moves to strike a number of defenses from the answer. The matters were heard on September 3, 2009. Having considered oral argument and all of the papers submitted by the parties, the Court denies Defendants’ motion and grants Plaintiffs motion in part and denies it in part.

BACKGROUND

AT & T Mobility is a cellular telephone service provider. It owns New Cingular Wireless PCS LLC and New Cingular Wireless Services, Inc. Plaintiff is a customer of AT & T’s.

According to the complaint, Defendants impose the following charges, among others, on customers who turn on their phones outside the United States: 1) a…