Federal Arbitration Act Pre-empts McGill Rule in Cable Pricing Suit, Comcast Says
California's McGill rule impedes or precludes bilateral arbitration, and thus conflicts with federal law and is pre-empted by the Federal Arbitration Act, appellant Comcast said in a docket 18-15288 reply brief (in Pacer) Wednesday with the 9th U.S. Circuit Court…
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of Appeals. Comcast is appealing lower court denial of its motion to compel arbitration of subscriber claims it fails to properly disclose the true pricing of cable packages (see 1808030047). It said the McGill rule -- which voids contracts that deny consumers their non-waivable rights to pursue claims for public injunctive relief -- makes unenforceable individual contract provisions but doesn't provide grounds to revoke a contract. It said McGill doesn't apply in this case since the subscribers had an opportunity to opt out of arbitration and chose not to. Appellee counsel didn't comment.