On April 27, 2011, the United States Supreme Court issued
an important decision upholding an arbitration clause barring class-wide
arbitration. The decision has important implications for telecommunications and
other consumer contracts, including website terms and conditions. In AT&T Mobility...
By John E. Porter and Ronald M. Oster
In AT&T Mobility LLC v.
Concepcion (2011), a divided U.S. Supreme Court ruled that the FAA preempted
CA's Discover Bank rule, which held waivers of class arbitration in consumer
contracts unconscionable and unenforceable. The FAA prohibits states from