FLB Law Lawyers Lambert & Sportini Secure Appellate Court Victory for Cable Company in Enforcement of Arbitration Clause

FLB Law is pleased to announce a significant victory in the Connecticut Appellate Court on behalf of a cable service provider. In a case that challenged the enforceability of an arbitration clause, the appellate court upheld the trial court’s decision in favor of the cable service provider, reinforcing the validity of the terms and conditions in service agreements.

The case arose when a customer, who had a subscription agreement for both telephone and internet services, sued the cable company after experiencing technical issues with the telephone service, which rendered the phone line inoperable. The subscriber sought a declaratory judgment that the arbitration clause in the company’s terms and conditions was unconscionable and unenforceable. He argued that he had no meaningful choice but to accept it to receive the services.

At the trial court level, FLB Law lawyers Thomas Lambert and Matt Sportini successfully defended the cable company, arguing that the arbitration clause was both valid and enforceable. The trial court ruled in favor of the cable company, rejecting the plaintiff’s claim that the arbitration clause was unconscionable. The plaintiff then appealed the decision.

On appeal, the Connecticut Appellate Court affirmed the lower court’s ruling, agreeing with FLB Law that the arbitration clause was not unconscionable. The appellate court found that the plaintiff had been presented with the terms and conditions as part of a standard contract and had the opportunity to review them prior to service activation. The appellate court further determined that the terms were not hidden or unduly coercive and that the plaintiff had alternative options for resolving his dispute, including arbitration.

Previous
Previous

Arbitration Clauses Can Protect Consumer-Facing Businesses, but They Can Be a Double-Edged Sword

Next
Next

How Landlord or Tenant Bankruptcy Impacts a Commercial Lease