Using Federal Antitrust Law To Void Class Action Waivers

Law360, New York (May 14, 2012, 1:13 PM EDT) -- Last year, in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), the U.S. Supreme Court held that the so-called “collective arbitration waivers” (also called “class action waivers”) in AT&T’s consumer contracts — i.e., provisions that simultaneously required individuals to arbitrate their claims but which also prohibited any form of collective redress — could not be invalidated on the basis of California’s so-called “Discover Bank” rule, because that rule was “preempted by the [Federal Arbitration Act]." Id. at 1746, 1753-55.

Concepcion’s holding is limited to instances...
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