Publication Date
2012
Document Type
Article
Abstract
This Essay explores the possible dual readings of Concepcion in light of the FAA and its interpretation, including Supreme Court precedents. This Essay concludes that though there is support for interpreting the Concepcion decision narrowly, it is more likely that a broader interpretation was intended, but the metes and bounds of this opinion have yet to be explored. Nonetheless, under this broad interpretation, the effect on consumers will be to discourage individuals from seeking redress for their claims. Indeed, the decision may actually encourage businesses to breach contractual obligations with impunity when the individual sums owed are too small to justify— in the mind of a reasonable consumer—the time and effort to seek a remedy.
Publication Title
Indiana Law Journal Supplement
Volume
87
Issue
5
Recommended Citation
Colin P. Marks,
The Irony of AT&T v. Concepcion,
87
Indiana Law Journal Supplement
31
(2012).
Available at:
https://irlaw.umkc.edu/faculty_works/1046
Included in
Business Organizations Law Commons, Consumer Protection Law Commons, Contracts Commons, Dispute Resolution and Arbitration Commons, Law and Economics Commons