Consumer Protection, Hijacking and The Concepcion Cases

19:1 J. Consumer & Com. L. 7 (2015)

10 Pages Posted: 21 May 2014 Last revised: 11 Dec 2015

Date Written: October 1, 2015

Abstract

Since its ruling, AT&T Mobility v. Concepcion has been the subject of scrutiny among many people in both the business and legal industries. The ruling’s significance denotes class arbitration is no longer a viable option in certain types of litigation matters. Yet, courts continue to defy this ruling. Post-Concepcion cases help in exploring why there is such a discord and confusion on whether class arbitration or any class alternative dispute resolution method are allowable. This article briefly examines AT&T Mobility LLC v. Concepcion and post-Concepcion cases and what remains for consumers and consumer law attorneys after Concepcion. The article also provides recommendations on bypassing the class arbitration hurdle brought on by the Concepcion ruling.

Keywords: class arbitration, Concepcion, class ADR, consumer protection, class actions

Suggested Citation

Robinson, Brandy, Consumer Protection, Hijacking and The Concepcion Cases (October 1, 2015). 19:1 J. Consumer & Com. L. 7 (2015), Available at SSRN: https://ssrn.com/abstract=2438959 or http://dx.doi.org/10.2139/ssrn.2438959

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