Supreme Court Of The United States Essay
AT&T MOBILITY LLC v. CONCEPCION ET UX.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE NINTH CIRCUIT No. 09–893.
Argued November 9, 2010—Decided April 27, 2011
In February 2002, Vincent and Liza Concepcion entered into an agreement for the sale and servicing of cellular telephones with AT&T Mobility LCC (AT&T). The Concepcions purchased AT&T service, which was advertised as including the provision of free phones; they were not charged for the phones, but they were charged $30.22 in sales tax based on the phones’ retail value.
In March 2006, the Concepcions filed a complaint against AT&T in the United States District Court for the Southern District of California. The contract between Concepcions and AT&T provided for arbitration of all disputes between the parties, but required that claims be brought in the parties’ “individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.” The complaint was later consolidated with a putative class action alleging, among other things, that AT&T had engaged in false advertising and fraud by charging sales tax on phones it advertised as free.
In March 2008, AT&T moved to compel arbitration under the terms of its contract with the Concepcions. “The Concepcions’ original contract was with Cingular Wireless. AT&T acquired Cingular in 2005 and renamed the company AT&T Mobility in 2007” (Laster v. AT&T Mobility LLC,, 2009). The agreement…