Monthly Archives: April 2011

Classless Action

Tony and the Gang declare open season on consumers

April 30th 2011

AT&T Mobility vs. Concepcion won’t be as utterly destructive of the American form of government as last year’s horrible Citizens United decision, but it does immense damage to consumers in America, and, like Citizens United, tips the balance of power, already wildly out of whack, to the corporations.

The vote to drastically limit the ability of consumers to file and pursue class-action suits was five to four, and I probably don’t need to tell anyone which five voted in the majority. Tony Scalia wrote the opinion, and said that companies could force buyers to sign arbitration agreements. He didn’t even bother to conceal his intent, adding, “Arbitration is poorly suited to the higher stakes of class litigation.” Which is the whole idea.

Class action suits result when a large number of people have been injured by the actions of a company or other entity. The injury can be relatively minor, as was the case in AT&T Mobility vs. Concepcion, where AT&T was accused of overcharging by $30 for cellphone service. Or it can be life threatening and affect millions. Eventually America will have a Bhopal or a Chernobyl sort of disaster, and class-action would be the only sensible recourse in the wake, when people would be trying to recoup major damages suffered.

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