California Supreme Court Delivers A Counter-Blow In The Battle Against Consumer Arbitration Provisions

LexisNexis (May 24, 2017, 1:48 PM EDT) -- In the world of consumer financial services, few issues have generated more controversy than the validity of consumer arbitration agreements that contain a waiver of the right to bring a class action.  It was back in 2011 when the U.S. Supreme Court ruled on the issue.  In a 5-4 decision written by Justice Scalia, the High Court held that class action waivers are enforceable under the Federal Arbitration Act, which preempted California's judicial rule that such waivers are unconscionable as a matter of state contract law.  The case involved a mobile phone contract, but its rationale clearly applies to other consumer financial products, from secured installment loans to bank deposit agreements.  AT&T Mobility LLC v. Concepcion, 131 Sup. Ct. 1740 (2011)....