The court ruled the class-action waiver clause, included in every single cellphone contract and many other types of contracts, was "unconscionable," as it denied consumers basic protections. Here's the kill quote from the Opinion: "Courts will not be easily deceived by attempts to unilaterally strip away consumer protections and remedies by efforts to cloak the waiver of important rights under an arbitration clause."
Read full Supreme Court Ruling here.
Court says AT&T can't force arbitration [Seattle Post-Intelligencer] (Thanks to Mark!) (Photo: Todd Kravos)
]]>This is great news. I despise AT&T. I wish they'd go away again. Far away.
]]>The whole point of class-action lawsuits is to go after wrongdoers who hurt a whole lot of people just a little bit. If a company steals $5 from you, it's not worth your time to sue them on your own; the filing fees alone cost more than that. If a company does that to enough people - theft on the volume plan - then a class-action lawsuit means they have far less chance of getting away with it.
The lawyers get a lot of money because they work on commission.
]]>Two words: Fuckin A!
@randombob: Well said my friend, arbitration is starting to go down in flames and I am loving every minute of it!
Power to the people!
]]>Class-Actions may not be a wonderful thing, but that's not really what's key here: the issue is that the ruling effectively nullifies Binding Arbitration agreements. You're free to seek remedy, even in the form of a Class-Action.
Maybe more later. This sets a precedent; that being that B.A. is a ridiculous cop-out that doesn't really stand up in court.
]]>AT&T seems aghast that it may have to comply with the laws of 50 different states, but that is precisely what every other company that competes in a free, competitive, and open market must do.]]>
@agnamus: you read "King of Torts" too?
]]>I can I request a TIE Fighter be photoshopped into that picture? It ought to be a requirement for anything with the AT&T logo IMHO.
]]>have you even been following the history of arbitration in the consumerist?
]]>Just before the "kill quote":
We emphasize that these provisions have nothing to do with
arbitration. Arbitrators supervise class actions, conduct open hearings,
apply appropriate statutes of limitations, and award compensatory and
punitive damages, as well as attorney fees, where appropriate.
This is a Good Thing by all means, but we still need Congress to do
their thing.
Binding arbitration is just another term for "Bloodsucking vampires".
P.S. Ummmm, that should be "lonely", not "lonlely", in the accompanying pic.
]]>It's about darned time, Supreme Court!
]]>Time to educate the public here.
]]>That just made my day!
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