Thoughts, opinions and
comments by attorneys and staff at
Whitfield Bryson & Mason

The New York Times Criticizes Concepcion

By Gary E. Mason | 

In an editorial published on May 13, 2011, the New York Times took aim at AT&T Mobility v Concepcion and recognized it for what it is: "a devastating blow to consumer rights" and "a major setback [ ] for individuals who may not have the resource to challenge the big companies in court or through arbitration."

As the editors correctly point out, Concepcion provides corporations with a model of how they too can use arbitration agreements to avoid class actions.

The editors shine a ray of hope on the Arbitration Fairness Act, recently introduced by Senators Al Franken and Richard Blumenthal and Representative Hank Johnson. Still, such measures are not likely to get much traction in today's political environment.