In Pendergast v. Sprint Nextel Corporation, Case No. 09-10612 (11th Cir. Jan. 4, 2010), the Eleventh Circuit found that there were unsettled questions of Florida law as to whether a class action waiver was procedurally or substantively unconscionable or void for other reasons and certified the following four questions to the Florida Supreme Court:
- Must Florida courts evaluate both procedural and substantive unconscionability simultaneously in a balancing or sliding scale approach, or may courts consider either procedural or substantive unconscionability independently and conclude their analysis if either one is lacking?
- Is the class action waiver provision in Plaintiff’s contract with Sprint procedurally unconscionable under Florida law?
- Is the class action waiver provision in Plaintiff’s contract with Sprint substantively unconscionable under Florida law?
- Is the class action waiver provision in Plaintiff’s contract with Sprint void under Florida law for any other reason?