America Online, Inc. v. Mendoza
- Case Date: 9/21/2001
- Project Name: Class Action Reform
In this case, Mendoza, an AOL customer, brought a nationwide class action in California against the company because of disputed billing practices, despite the fact that the service agreement provides that any litigation shall be brought in Virginia where AOL is based. The Court of Appeal held that the CLRA provides that consumers may not waive their rights to have consumer complaints litigated in California; hence, the forum selection clause in the contract agreed to by the parties was unenforceable. On October 18, 2001, the California Supreme Court voted not to review the case.
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10/21/2001: Download the Brief