If you don’t know anything about AT&T Mobility v. Concepcion, you should. The case, which will be heard by the U.S. Supreme Court on Nov. 9, has frightening implications for consumers.
Basically, the court will decide whether companies can deny consumers and employees the right to band together through class actions to fight fraud, discrimination and other illegal practices. AT&T argues that the courts must enforce the fine print of its contracts that ban class actions. Public Citizen attorney Deepak Gupta will argue before the court on behalf of consumers, claiming that the contracts are unconscionable and unenforceable.
When a large number of consumers have claims for small amounts, it is not feasible to pursue the claims without a class action. Concepcion is exactly that kind of case. The Concepcions allege that AT&T illegally charged them $30.11. Multiplied by the number of AT&T’s California customers alone, the allegations implicate ill-gotten gains in the millions of dollars. But if consumers can litigate the claims only one by one, no one will do so, and AT&T will keep the proceeds of its illegal activity.
In the video above, Public Citizen President Robert Weissman and Gupta give a telephone press briefing on the case.
If AT&T wins, not only will it be difficult for AT&T’s customers to hold that company accountable for its actions, but also for people with civil rights, labor, consumer and other kinds of claims that stem from corporate wrongdoing. Dozens of organizations, including leading civil rights and consumer groups, have filed briefs asking the court not to allow corporations to ban class actions. The briefs and other information about the case are available at the Consumer Law & Policy Blog.
Arline DeMaio
The founding fathers did not trust business to do what is right. They believed that laws needed to be in place to protect the common man. The corporations have overstepped those bounds and adjustments need to be made to police them. They continue to take away the rights of the American people. We must not just stand by and allow this to continue. Our right to seek justice is being stolen from us on a daily basis.
November 7, 2010 at 1:55 pm
Pat Abbott
My mantra is People First!! Not corporations!!
I add this to most of my messages to my legislators and other appropriate responses.
November 7, 2010 at 6:46 pm
Elizabeth Nicholson
Read “Escaping Plato’s Cave” by Mort Rosenblum; he delineates corporate capitalist’s egregious practices and obscene profits at consumers’ expense. Pursue this matter politically by contacting Congressional representatives, and refusing to patronize suspect corporations. Americans have become slaves of every new gimmick; they need to learn to live less extravagantly and learn to become more discerning about true quality of life. Read the fine print before signing – how smart do you have to be? If a contract has a clause about class action, there must be a reason… That is a major red flag. Corporate greed is a well-established concept; take your money elsewhere, and talk about it, blog about it. They will notice: less money and bad press = corporate nightmare.
November 7, 2010 at 8:08 pm
Cheryl
There is an interesting article in Slate Magazine. Rather than buying judges our laws are being bought by lobbyists and corporations in what is referred to as “corruption American Style”
http://www.slate.com http://www.slate.com/id/2273916/
The mortgage debacle in the United States has raised deep questions about “the rule of law,” the universally accepted hallmark of an advanced, civilized society. The rule of law is supposed to protect the weak against the strong
November 8, 2010 at 1:58 pm