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Banking Law Keyed to Carnell, 7th 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 an agreement for cellular telephone service with AT&T Mobility. The contract included an arbitration clause requiring that claims be brought in the parties’ individual capacity, not as a class action. The agreement also contained consumer-friendly provisions, including AT&T’s promise to pay all costs for non-frivolous claims, a convenient arbitration process, and a premium payment of $7,500 plus double attorney’s fees if a customer received an arbitration award greater than AT&T’s last settlement offer. The Concepcions were charged $30.22 in sales tax for phones advertised as “free.” They filed a complaint against AT&T in federal court, which was consolidated with a putative class action alleging false advertising and fraud. When AT&T moved to compel arbitration, the Concepcions opposed, arguing that the class action waiver was unconscionable under California’s Discover Bank rule, which classified most class-action waivers in consumer contracts as unconscionable when disputes involve small amounts of damages and the company allegedly cheats many consumers out of small sums of money.
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