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 a  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.