Citing Concepcion, Florida Supreme Court Declines to Entertain Consumer Class Action Waivers

more+
less-


[author: Allison Kirkwood]

In January 2010, the Eleventh Circuit certified questions to the Florida Supreme Court regarding class actions waivers in consumer contracts in Pendergast v. Sprint Nextel Corp., 592 F.3d 1119 (11th Cir. 2010). More specifically, the Eleventh Circuit certified questions to the court asking how contractual unconscionability should be analyzed under Florida law and whether a class action waiver in an agreement to arbitrate in a consumer contract for cellular telephone service is unconscionable under Florida law. In April 2011, the United States Supreme Court addressed these issues in AT&T Mobility LLC v. Concepcion, 563 U.S. __ (2011), and held that state law decisions that find class action waivers in arbitration clauses to be unconscionable or void as against public policy were preempted by the Federal Arbitration Act. Thus, despite state laws to the contrary, Concepcion allows companies to enforce contract provisions that require customers to arbitrate their disputes individually.

In light of the Supreme Court’s intervening decision in Concepcion, on July 17, 2012, the Florida Supreme Court declined jurisdiction to decide the certified questions and returned Pendergast to the Eleventh Circuit. The Eleventh Circuit itself had previously stated that “had we had Concepcion before us at the time of our initial consideration of this appeal, we would not have certified questions to the Florida Supreme Court.”

 

Written by:

more+
less-

Carlton Fields Jorden Burt on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×