9th Circuit Finds ISP's Arbitration Clause Valid In Privacy Class Action

9th Circuit Finds ISP's Arbitration Clause Valid In Privacy Class Action

SEATTLE - In what it said was "not an easy case," a Ninth Circuit U.S. Court of Appeals panel on July 15 held that an arbitration clause and an accompanying choice-of-law provision within a subscriber agreement, which was provided by an Internet service provider (ISP) to its customers, was enforceable in the state of Montana and required application of New York law (Dale Mortensen, et al. v. Bresnan Communications LLC, No. 11-35823, 9th Cir.; 2013 U.S. App. LEXIS 14211).

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