Will the Supreme Court invent a federal law to gut state consumer protection laws?
As mentioned in an earlier post on this blog, the U.S. Supreme Court will soon consider whether companies can ban class action lawsuits in the fine print of their contracts with consumers when it hears argument in AT&T Mobility v. Concepcion. In its briefs, AT&T Mobility (“AT&T”) asks the Supreme Court to, in effect, create a federal law to gut state consumer protection laws. AT&T knows that there have been many times over the years where