In AT&T Mobility LLC v. Concepcion, Ballard Spahr attorneys Alan S. Kaplinsky, Jeremy T. Rosenblum, and Mark J. Levin submitted to the U.S. Supreme Court this week an amicus curiae brief on behalf of the American Bankers Association, American Financial Services Association, Consumer Bankers Association, Financial Services Roundtable, and California Bankers Association.

Our brief argues that, under the Federal Arbitration Act, the arbitration agreement used by AT&T Mobility, which provides for individual arbitration of disputes, is fully enforceable despite California’s policy favoring class actions. The brief points out that the lower court decision against AT&T Mobility gave insufficient weight to the benefits of arbitration and the costs and problems associated with class actions. Additionally, the decision failed to recognize that class actions are not needed to ensure high levels of legal compliance.

As previously reported, the Supreme Court granted cert in the case May 24, 2010. AT&T Mobility filed its brief last week. Arguments are set for November 2010.

Most but not all courts have enforced well-drafted agreements requiring individual arbitration of claims; click here to read more. Ballard Spahr has an unparalleled record of success in judicially enforcing arbitration agreements of this type, particularly arbitration agreements containing the cutting-edge, consumer-friendly provisions we recommend to our clients.

Ballard Spahr's Consumer Financial Services Group is nationally recognized for its skill in litigation defense and avoidance (including pioneering work in pre-dispute arbitration programs), its guidance in structuring and documenting new consumer financial services products, and its experience with the full range of federal and state consumer credit laws throughout the country. For further information, please contact Alan S. Kaplinsky, Group Chair, at 215.864.8544 or kaplinsky@ballardspahr.com; Jeremy T. Rosenblum, Group Vice Chair, at 215.864.8505 or rosenblum@ballardspahr.com; or Mark J. Levin, 215.864.8235 or levinm@ballardspahr.com.


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