Deceit by AT&T, Amex Not Covered by ‘Any Mandatory Arbitration Clause,’ Says Plaintiff

U.S. District Judge Mark Cohen for Northern Georgia in Atlanta should deny the motion of American Express to compel plaintiff Robert Graham’s dispute to arbitration and to stay his case pending the outcome of that arbitration (see 2305310032), said Graham’s reply brief in opposition to the motion Wednesday (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 upgrade, said the reply. The arbitration clause in Amex’s cardholder agreement is “unconscionable and unenforceable,” it said. Graham didn’t agree to arbitrate his claims, nor did he sign any arbitration agreement, it said. His claims are based on the “fraudulent and deceptive action” by Amex and AT&T and don't fall under “any mandatory arbitration clause,” it said.