The widespread adoption of arbitration agreements with class action waivers began fifteen years ago following the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion. Concepcion held that the Federal Arbitration Act (FAA) preempts state laws or policies preventing the enforcement of such agreements as unconscionable and unenforceable. Commentary at the time noted that it was unclear how enforceable such class-action waivers would be. Now, a decade and a half later, such waivers are widespread and routinely enforced. (A recent trip to Disneyland started with an ...
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