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Consumer Law Keyed to Pridgen, 5th Ed.
AT&T Mobility, LLC v. Concepcion
Citation:
563 U.S. 333, 131 S. Ct. 1740, 179 L. Ed. 2D 742 (2011)Facts
In February 2002, Vincent and Liza Concepcion entered into a cellular telephone service agreement with AT&T Mobility LLC that included an arbitration provision requiring claims to be brought individually and not as part of a class action. The Concepcions purchased AT&T service advertised as including free phones, but were charged $30.22 in sales tax based on the phones’ retail value. In March 2006, they filed a complaint in federal district court that was later consolidated with a putative class action alleging false advertising and fraud. AT&T moved to compel arbitration under the contract terms, but the Concepcions opposed, arguing the arbitration agreement was unconscionable under California’s Discover Bank rule because it disallowed class-wide procedures.
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