Assertion: consumer | /r/HasProperty | alleged scheme
Facets:
Source sentences:
text: The District Court denied AT&T's motion, stating that although AT&T's arbitration provision was likely to grant the Concepcions at least full relief, it was unconscionable and could not be enforced "because AT&T had not shown that bilateral arbitration adequately substituted for the deterrent effects of class actions".:1745 The District Court relied on the California Supreme Court's holding in Discover Bank v. Superior Court (2005),:1745 which held that arbitration agreements prohibiting class actions were exculpatory and unconscionable when they appear as part of an adhesion contract where an individual consumer's damages would be "predictably small" and the consumer has alleged a scheme where the business has "deliberately cheat[ed] large numbers of consumers out of individually small sums of money".:1746 California courts regularly refused enforcement of class action waivers in arbitration prior to Concepcion.:1746:706 The Ninth Circuit affirmed, holding that Discover Bank is not preempted by the FAA and class arbitration did not interfere with "the efficiency and expeditiousness of arbitration".:1745