In Cruz v. Cingular Wireless, here, the Court of Appeals for the Eleventh Circuit followed Concepcion in affirming a petition to arbitrate notwithstanding the existence of the class action waiver in the arbitration agreement. Cruz involved the following facts. The Plaintiff class had signed a cell phone contract, which contained an arbitration clause with a class action waiver. Plaintiff filed a class action anyway; defendant moved to dismiss and compel arbitration. The district court granted the petition, finding that the arbitration clause was enforceable notwithstanding the class actions waiver. Plaintiff appealed. While the appeal was pending, the Supreme Court issued Concepcion, which the Court of Appeals followed:
After careful consideration, we now hold that, in light of Concepcion, the class action waiver in the Plaintiffs’ arbitration agreements is enforceable under the FAA. . . .Insofar as Florida law would invalidate these agreements as contrary to public policy (a question we need not decide), such a state law would “stand[] as an obstacle to the accomplishment and execution” of the FAA, id. at 1753 (quotation omitted), and thus be preempted. Accordingly, we affirm the district court’s order dismissing the Plaintiffs’ claims and compelling arbitration.