Postpichal

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

URSULA FREITAS and JAMIE

POSTPICHAL,

No. C 19-7270 WHA Plaintiffs,

v.

ORDER RE MOTION TO COMPEL

CRICKET WIRELESS, LLC, ARBITRATION

14 Defendant.

16 INTRODUCTION In this RICO class action, defendant moves to compel arbitration of class members’ claims. This order will not order any absent class members to arbitrate, but it will modify the class definition in light of the issues raised. STATEMENT Plaintiffs Ursula Freitas and Jamie Postpichal claim that defendant, Cricket Wireless, LLC, advertised 4G wireless service and sold 4G-capable phones in markets where defendant did not actually provide 4G coverage. Thus, plaintiffs allege harm on behalf of a class of Cricket customers similarly situated to themselves who paid for 4G phones and coverage but received only 3G coverage, which was slower and cheaper than 4G coverage. A previous order in…