Killing them with Kindness: Examining "Consumer-Friendly" Arbitration Clauses after AT&T Mobility v. Concepcion

Authors

Myriam E. Gilles, Benjamin N. Cardozo School of LawFollow

Publication Date

12-2012

Journal

Notre Dame Law Review

Abstract

The article focuses on the U.S. Supreme Court case AT&T Mobility LLC v. Concepcion, in which California's "Discover Bank rule" was struck by the Court under the Federal Arbitration Act, which was upheld by the California Supreme Court in the court case Discover Bank v. Superior Court. It provides information that the rule is a judge-made rule which depicts that class action waivers are unforceable in arbitration agreements if such agreements are mentioned in standard form consumer contracts.

Volume

88

First Page

825

Publisher

Notre Dame Law School

Keywords

AT&T Mobility v. Concepcion, class actions, arbitration, consumer rights, American Express Merchants Litigation, vindication of rights

Disciplines

Antitrust and Trade Regulation | Business Organizations Law | Dispute Resolution and Arbitration | Law

Recommended Citation

Myriam E. Gilles, Killing them with Kindness: Examining "Consumer-Friendly" Arbitration Clauses after AT&T Mobility v. Concepcion, 88 Notre Dame L. Rev. 825 (2012).
https://larc.cardozo.yu.edu/faculty-articles/773