In Gatton v. T-Mobile USA, Inc., Gatton entered into a cell phone service contract with T-Mobile. Under the standard form, no-negotiation contract, Gatton waived any right to participate in a class action against T-Mobile.
However, Gatton could have entered into a service contract with other cell phone providers who did not require waiving the right to participate in a class action.
Under the approach of Hennigsen, there as a lack of meaningful free choice in the contract formation process between Gatton and T-Mobile.