The Lost Call of Justice: The Erosion of Consumer Class Action Rights

[Donnachaidh]

http://www.politicususa.com/en/erosion-consumer-class-action

The Supreme Court brought us one step closer to a fully corporatized world in Wednesday’s ruling that corporations can do away with consumer class action litigation.

Just about a year ago, in Stolt-Nielsen S.A. v. Animalfeeds Int’l Corp., the Court held that under the Federal Arbitration Act, class action arbitration cannot be forced on a defendant unless the parties have specifically authorized its use. This week, in AT&T Mobility v. Concepcion, the Court held that under the Act, consumers may waive their right to all class action redress.

In Concepcion, a cell phone customer claimed that AT&T’s contract promising a free cell phone did not mention a $30.22 sales tax charge. The California court allowed Concepcion to join a class action court proceeding (not a class arbitration) and held that the arbitration clause in the AT&T contract that denied access to class action relief was “unconscionable” and thus unenforceable. The Supreme Court said that there was nothing unconscionable about denying access to class action relief, and that AT&T had the right to insist that each plaintiff file a separate arbitration complaint.

Justice Antonin Scalia’s majority opinion was joined by the usual conservative block of Roberts, Thomas, Alito and Kennedy. Classwide arbitration, Scalia said, is slower and more procedurally complicated than individual arbitrations. The aggregation of claims in class arbitration “greatly increases the stakes for defendants,” he added, and that, in turn, makes the informality of arbitration less appealing because there is little opportunity for judicial review.

More at the link --

[RKP5637]

1. IMO this has been getting far too little attention by MSM, but then what would

one expect in USA, Inc.

[Hotler]

2. k&r n/t

[jp11]

3. k&r