In Mortensen v. Bresnan, the court dismissed the ECPA and state law privacy claims but left the Computer Fraud and Abuse Act claims intact. (" Deep Packet Inspection (NebuAd) Litigation: Court Dismisses ECPA Claim but CFAA Claim Continues .") As an update to that case, the court ruled that the claims were not subject to arbitration, but the defendant-ISP moved for reconsideration of this ruling in light of AT&T Mobility LLC v. Concepcion, the recent Supreme Court case where the Court held that the Federal Arbitration Act preempts state law unconscionability arguments which are applied disproportionately to invalidate arbitration agreements. You can access the motion for reconsideration here.