Stern

Proceedings: DEFENDANTS’ MOTION TO COMPEL ARBITRATION (filed June 8, 2006)

I. INTRODUCTION AND BACKGROUND

The question presented on this motion is the enforceability of an arbitration clause contained in a wireless telephone service contract between plaintiff Heather Stern and defendant AT & T Wireless Services, Inc. (“AT & T Wireless”). On November 1. 2004, plaintiff signed a written agreement (“Service Agreement”) with AT & T Wireless. Declaration of Cynthia Hennessy in Support of Defendants’ Motion to Compel Arbitration (“Hennessy Decl.”) Ex. C. At that time, plaintiff received a box containing a new telephone and a 3-inch-by-5-inch, 27-page booklet (“Booklet”) entitled “Important Information and Service Agreement,” referred to by defendants as a “Welcome Guide.” Declaration of Heather Stern in Opposition to Defendants’ Motion (“Stern Deck”) ¶ 3; Opp’n at 3. The Booklet sets forth the terms and condition of the wireless service, and includes an “arbitration clause” on pages 22 through 24. Stern Deck Ex. A at 25-27. . The arbitration clause states in relevant part:

Id. at 25. The arbitration clause also contains a class action waiver, which states in pertinent part:

Id. at…