Judge Grants AT&T, Amex Motions to Compel Plaintiff’s Claims to Arbitration
U.S. District Judge Mark Cohen for Northern Georgia in Atlanta granted AT&T's and American Express' motions to compel plaintiff Robert Graham’s claims to arbitration and AT&T’s motion to stay his case pending the outcome of that arbitration, said the judge’s…
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signed order Monday (docket 1:22-cv-05155). Graham alleges Amex and AT&T worked in a “contrived manner” to charge him “unauthorized and fraudulent” fees for his phone upgrades (see 2306010014). Cohen’s order said Graham agreed to arbitrate under the “plain terms” of the AT&T and American Express agreements, and the agreements are enforceable under the applicable contract laws of Georgia, Ohio and Utah. The AT&T and American Express arbitration agreements are “valid and enforceable,” it said. Though Graham denies he agreed to arbitrate his AT&T claims, he doesn’t dispute that he signed the carrier’s wireless customer agreement, it said. That agreement “unambiguously covers all aspects of Graham's relationship with AT&T and the agreement to arbitrate all claims thereunder is valid,” it said. In his dispute with American Express, “Graham's assertion that he never agreed to arbitrate his claims nor sign an arbitration agreement is unavailing,” said the judge.