A California federal court judge has rejected mobile gaming company AviaGames’ motion to compel arbitration in a class action that accuses it of defrauding users into believing they are playing skill-based games against “live human opponents” instead of computer bots.

U.S. District Judge Edward Chen on Wednesday ruled in an order that “the agreement to arbitrate is unconscionable and thus not enforceable” and rescheduled motions to dismiss filed by Avia, its co-founders, and co-defendants ACME and Galaxy Digital Capital Management for Nov. 6.