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Petitioner's Brief Filed in AT&T v. Concepcion (Enforceability of Class-Action Bans)

By Deepak Gupta

We're previously mentioned AT&T v. Concepcion, a case in which the U.S. Supreme Court will decide whether class-action bans in consumer and employment contracts may be held unconscionable, and hence unenforceable, under generally applicable state contract law.  Because they have embedded these class-action bans in their standard arbitration agreements, corporate defendants have repeatedly argued that such state-law rulings are preempted by the Federal Arbitration Act of 1925. The lower courts, both state and federal, have uniformly rejected that preemption argument.  Public Citizen Litigation Group represents the respondents, Vincent and Liza Concepcion, the California consumers who seek to bring a consumer fraud class action against AT&T.

Yesterday, AT&T filed its opening brief. Read it here. 

When the amicus briefs supporting AT&T are filed next week, we'll post them here as well.

Full post as published by CL&P Blog on August 03, 2010 (boomark / email).