Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Campbell v. SI Wireless, LLC

United States District Court, S.D. Illinois

September 5, 2017

ANDREA CAMPBELL, individually and on behalf of all others similarly situated, Plaintiffs,
v.
SI WIRELESS, LLC, and DOES 1-25, Defendants.

          MEMORANDUM AND ORDER

          NANCY J. ROSENSTENGEL UNITED STATES DISTRICT JUDGE

         Defendant SI Wireless's Motion to Dismiss for Improper Venue or, in the Alternative, to Compel Arbitration (Doc. 10) is pending before the Court. For the reasons set forth below, the Motion to Dismiss is denied.

         Factual And Procedural Background

         In November 2014, Andrea Campbell entered into a service agreement with SI Wireless, LLC (d/b/a MobileNation) to obtain a telephone line. (Doc. 11-1, pp. 4-8; Doc. 12, p. 2). The original agreement did not contain an arbitration clause or class action waiver. (Doc. 11-1, pp. 1-3). The contract, however, did contain the following provision:

Your service is subject to our business policies, practices, and procedures, which may need to change without notice. Unless otherwise prohibited by law, we can also change prices and any other conditions in this agreement at any time by sending you notice prior to the billing period in which the changes would take effect. If you choose to use your service after we send you the notice of changes, you accept the changes. However, you can end the affected service, without any early termination fee, by contacting us within 30 days after we send you the notice of change.

         (Doc. 11-1, p. 2).

         SI Wireless amended its Terms and Services to add a paragraph entitled “ARBITRATION/WAIVER OF CLASS ACTION” on August 24, 2015. (Doc. 11-1, pp.2-3). The Arbitration Clause states:

20. ARBITRATION/WAIVER OF CLASS ACTIONS. Most customer concerns or disputes can be resolved through our customer service representatives. However, if either of us has an issue which cannot be resolved without third party intervention, you and we both agree to submit to binding arbitration before the American Arbitration Association. This means that all disputes arising from or relating in any way to your Services, whether under these Terms & Conditions or not, will be resolved through arbitration, not in court or through judge or jury. Moreover, to the fullest extent allowed by law both of us agree to waive any rights to pursue a claim arising from or relating to these Terms & Conditions or the Services as a class action; that is, you or we will not join a claim with the claim of any other person or entity or pursue a claim on behalf of any other person or entity. The arbitration shall take place in McCracken County, Kentucky or Madison County, Tennessee, at your option. The waivers in this section continue in force and effect after the termination of this agreement. Only actions relating to failure to timely pay billed charges, such as service charges and related fees and taxes (collection claims), may be brought in a court; provided that all such actions will be brought in small claims or another court with jurisdiction; and further provided that if any counterclaims or claims unrelated to collection are asserted in the action by any party then the case shall be transferred to arbitration.

         (Doc. 11-1, pp. 2-3) (emphasis added).

         To notify customers of this modification to the contract, SI Wireless purportedly sent the following text message on either August 24 or August 25, 2015:

SMS: MobileNation Updated Terms and Policies - Please review by visiting http://mymobilenation.com/terms/ Thanks for being a MobileNation member.

         (Doc. 11-1, p. 2).

         In her Memorandum in Opposition, Campbell asserts the link provided in the text message did not actually connect to the arbitration clause language. (Doc. 12, p. 6). Rather, it linked to a page titled “Policies & Terms” that contained two paragraphs relating to “Network Management” and “Surcharges.” (Doc. 12, p. 6; Doc. 12-1, p. 2).[1]Further, Ms. Campbell states she does not recall ever seeing this text message or the arbitration clause language. (Doc. 12, p. 3).

         About nine months later, Campbell entered into a second contract with SI Wireless for a different phone line. (Doc. 11-1, p. 3). Nothing in the second contract appears to refer to the prior contract or incorporate the prior phone line into the new contract. (Doc. 11-1, pp. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.