class action arbitration waiver

The U.S. Supreme court issued its opinion in AT&T Mobility v. Concepcion yesterday. The Court held that California’s Discover Bank rule is preempted by the Federal Arbitration Act. The Discover Bank rule states that a class action waiver in an arbitration agreement is unconscionable and should not be enforced

• when it is found in a consumer contract of adhesion
• in a setting in which disputes between the contracting parties predictably involve small amounts of damages, [click to continue…]

{ 1 comment }