Gregory v. Sprint Spectrum
On appeal, Appellant contends the court erred in finding the class action prohibition was unenforceable because application of Discover respondent to appellant's telephone service contract is preempted by the Federal Communications Act. court do not reach this legal issue because court conclude Appellant failed to meet its preliminary factual burden to show respondent's claims fall within the scope of the arbitration provision contained in Appellant's June 2004 customer contract. Based on this conclusion, court affirm the court order.
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