From our private database of 34,000+ case briefs...
AT&T Mobility, LLC v. Concepcion
United States Supreme Court
563 U.S. 333(2011)
Vincent and Liza Concepcion (plaintiffs) purchased cellular phones and service from AT&T Mobility, LLC (AT&T) (defendant) after seeing an advertisement that offered free phones. Although the Concepcions were not charged for the phones, they were charged $30.22 in sales tax. Included in the service agreement was an arbitration provision that required all disputes between the parties to be resolved by an arbitrator and prohibited arbitration in the form of a class action. The agreement additionally allowed AT&T to make unilateral amendments to the contract at any time, which it did. The Concepcions brought suit against AT&T in federal district court as part of a putative class action and the class collectively alleged that AT&T had engaged in false advertising and fraud by charging sales tax on phones it advertised as free. AT&T filed a motion to compel arbitration under the terms of the agreement with the Concepcions. The district court denied AT&T’s motion based on a California Supreme Court case, Discover Bank v. Superior Court, 36 Cal. 4th 148 (2005), and found that the arbitration provision was unconscionable because AT&T had not shown that bilateral arbitration adequately substituted for the deterrent effects of class actions. The Ninth Circuit Court of Appeals affirmed and the U.S. Supreme Court granted certiorari to review.
Rule of Law
Holding and Reasoning (Scalia, J.)
Concurrence (Thomas, J.)
Dissent (Breyer, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 607,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.