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Contracts Keyed to Whaley
AT&T Mobility v. Concepcion
Citation:
United States Supreme Court, 2011. 563 U.S. 333.ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Vincent and Liza Concepcion (Plaintiff) entered into an agreement for the sale and servicing of cell phones with AT&T Mobility, LLC (Defendant). Plaintiffs were not charged by defendant for the phones, but they were charged $30.22 in sales tax. The contract included an arbitration provision that required all disputes between the parties to be resolved by an arbitrator and prohibited arbitration in the form of a class action. Defendant was permitted to make unilateral amendments to the contract at any time, which it did to the arbitration provision on several occasions.
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Topic Resources
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Defenses to Formation