In a recent 2–1 decision directing arbitration, the U.S. Court of Appeals for the Ninth Circuit panel provided further guidance regarding state-law unconscionability challenges to arbitration agreements. Merkin, et al. v. Vonage America, Inc., --- F. App'x ---, 2016 WL 775620 (9th Cir. Mar. 24, 2016).
A judge in the Central District of California had denied defendant Vonage America, Inc.’s motion to compel arbitration in a putative class action challenging certain fees Vonage levied in connection with its voice over Internet protocol (VoIP) telephone service.