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PENDERGAST v. SPRINT NEXTEL CORP.

No. 09-10612.

691 F.3d 1224 (2012)

James PENDERGAST, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. SPRINT NEXTEL CORPORATION, Defendant, Sprint Solutions, Inc., Sprint Spectrum L.P., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 20, 2012.

Attorney(s) appearing for the Case

Douglas F. Eaton, Eaton & Wolk PL, William Gregg Wolk, Homer, Bonner & Delgado, Miami, FL, for Appellant.

David E. Mills, Daniel D. Prichard, Dow Lohnes PLLC, Washington, DC, and Peter Canfield, Dow Lohnes PLLC, Atlanta, GA, for Appellees.

Before CARNES and HULL, Circuit Judges, and GOLDBERG, Judge.

HULL, Circuit Judge:

Plaintiff-Appellant James Pendergast, a former wireless telephone customer of Defendants-Appellees Sprint Solutions, Inc. and Sprint Spectrum, L.P., (collectively, "Sprint"), sued Sprint on behalf of himself and a similarly situated class, alleging Sprint charged improper roaming fees for calls placed within Sprint's coverage areas. Sprint moved to compel arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA...

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