Postpichal

INTRODUCTION

17 In this RICO class action, defendant moves to compel arbitration of class members’ 18 claims. This order will not order any absent class members to arbitrate, but it will modify the 19 class definition in light of the issues raised.

STATEMENT

21 Plaintiffs Ursula Freitas and Jamie Postpichal claim that defendant, Cricket Wireless, 22 LLC, advertised 4G service and sold 4G-capable phones in markets where defendant did not 23 actually provide 4G coverage. Thus, plaintiffs allege that they and the class members were 24 harmed because they paid for 4G phones and coverage, but they received only 3G coverage, 25 which was slower and cheaper than 4G coverage. 26 A previous order in this action certified the following class: 27 between November 1, 2012 and September 30, 2014, purchased from Cricket a 4G/LTE monthly plan for service on LegacyCricket’s network, or later activated a 4G/LTE plan with the device for service on LegacyCricket’s network. (Dkt. No. 298 at 19). But the order excluded certain groups from the class, including, but not limited to:

(1) any Cricket customer who continued to use Cricket…