Comcast Push for Reversal of Lower Court Arbitration Decision Opposed
Comcast's subscriber agreement arbitration provision contradicts itself on whether a court or arbitrator decides if a dispute is within the scope of the arbitration provision, and that lack of clarity means a lower court was right to determine a telemarketing…
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complaint fell outside the provision's scope, appellee Richard Wuest said in a docket 17-17093 9th U.S. Circuit Court of Appeals answering brief (in Pacer) Monday. Comcast is appealing a lower court's denial of its motion to compel individual arbitration after Wuest sued under the California Invasion of Privacy Act (see 1801170008). Wuest in the answering brief also said the lower court was right to decide the arbitration provision didn't cover Comcast's nonconsensual recording of a call Wuest made months after his Comcast subscription ended. Comcast didn't comment Wednesday.