Sens. Float Phone Contract Bill To Counter Concepcion

Law360, New York (October 4, 2011, 9:21 PM EDT) -- Two U.S. lawmakers introduced a bill Tuesday that would ban mandatory arbitration clauses in cellphone contracts and allow consumers to sue wireless carriers for deceptive practices, a direct riposte to the U.S. Supreme Court's ruling in AT&T v. Concepcion.

In April, the high court ruled that the Federal Arbitration Act preemped state laws invalidating class action waivers. The majority opinion, penned by Justice Antonin Scalia, displayed a broad distaste for classwide arbitration proceedings in general.

Sens. Richard Blumenthal, D-Conn., and Al Franken, D-Minn., who introduced the...
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