Prof. Linda Fentiman recently spoke to The Times Herald-Record about the implications of a recent Supreme Court ruling making it harder for consumers to join together to sue companies. According to the article, “The decision overturned a lower court’s ruling in favor of a California couple who sued AT&T Mobile when they discovered their ‘free’ phones carried a sales tax of about $30.”
Given the Court’s 5-4 ruling in favor of AT&T, Prof. Fentiman predicted that any business that doesn’t include a mandatory arbitration clause in its customer contracts would write one in now.
“Really, it’s all part of a lack of bargaining power,” she said. “The individual consumer really can’t negotiate this contract.”
Fentiman said this leaves consumers with few options if they don’t wish to sign a contract with a mandatory arbitration clause.
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