In Ramkissoon v. AOL LLC, 552 F.3d 1077 (9th Cir. Jan. 16, 2009), the Ninth Circuit refused to enforce a contract provision selecting Virginia state courts as the forum for all claims against AOL. California's interest in enforcing its broad consumer protection statutes outweighed any interest of Virginia. Virginia has no procedure for consumer class actions; by contrast, the CLRA expressly prohibits waiver of the rights conferred. Civ. Code §1781. Hence, the majority concluded that the choice-of-law clause was unenforceable as well. One judge believed further development of the record was needed to confirm that the plaintiffs were California consumers to whom the CLRA would apply in the first place.
UPDATE: I was reading this opinion again and noticed that in his concurrence, Judge Bea cited a law blog -- The Wall Street Journal Law Blog. 552 F.3d at 1088 n.3.
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