PointofLaw.com
 Subscribe Subscribe   Find us on Twitter Follow POL on Twitter  
   
 
   

 

 

Some evidence Concepcion was pro-consumer

| No Comments


I've long taken the position that AT&T Mobility v. Concepcion was pro-consumer because it expanded the range of choices available to consumers in the marketplace: a consumer could pre-commit not to bring a class action, the vendor could pre-commit to providing a cheaper and quicker legal procedure that permitted the vindication of the consumer's rights, and the vendor could split the savings of increased legal certainty with the consumer through lower prices. Win-win, except for the trial bar.

A recent study exploring the parameters of post-Concepcion arbitration clauses by Myriam Gilles—no friend of aggressive arbitration clauses—finds that many vendors have responded to Concepcion to make their arbitration clauses more consumer friendly, though that could just as easily be a response to post-Concepcion decisions distinguishing Concepcion because the challenged arbitration clauses failed to provide the same consumer protection as Concepcion did. (As a matter of legal doctrine, I continue to believe it's a mistake to call such contracts "unconscionable," and believe it makes more sense to phrase their rejection as against public policy on grounds that they are exculpatory.)

Andrew Trask has more commentary.

Leave a comment

Once submitted, the comment will first be reviewed by our editors and is not guaranteed to be published. Point of Law editors reserve the right to edit, delete, move, or mark as spam any and all comments. They also have the right to block access to any one or group from commenting or from the entire blog. A comment which does not add to the conversation, runs of on an inappropriate tangent, or kills the conversation may be edited, moved, or deleted.

The views and opinions of those providing comments are those of the author of the comment alone, and even if allowed onto the site do not reflect the opinions of Point of Law bloggers or the Manhattan Institute for Policy Research or any employee thereof. Comments submitted to Point of Law are the sole responsibility of their authors, and the author will take full responsibility for the comment, including any asserted liability for defamation or any other cause of action, and neither the Manhattan Institute nor its insurance carriers will assume responsibility for the comment merely because the Institute has provided the forum for its posting.

Related Entries:

 

 


Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.