Class Action Defense Cases-Kaltwasser v. AT&T Mobility: Federal Court Grants Motion To Compel Arbitration Under Federal Arbitration Act (FAA) Following Concepcion

Supreme Court Decision in Concepcion Compelled Granting AT&T's Motion to Compel Arbitration of Individual Claims because FAA Preempts California Laws Barring Class Action Arbitration Waivers

Plaintiff filed a putative class action against cellular telephone service provider, AT&T Mobility, alleging violations of California's Unfair Competition Law (UCL), False Advertising Law (FAL), Consumer Legal Remedies Act (CLRA) and breach of contract. Kaltwasser v. AT&T Mobility LLC, ___ F.Supp.2d ___, 2011 WL 4381748 (N.D.Cal. September 20, 2011) [Slip Opn., at 1-2]. According to the allegations underlying the class action complaint, plaintiff renewed his cell service with AT&T based on the company's representations that it had the "fewest dropped calls." Id., at 2. Because he alleges that this representation was false, plaintiff filed this lawsuit. AT&T moved to compel arbitration and to dismiss the class claims on the grounds that the service contract included an arbitration clause with a class action waiver. Id. In April 2008, the district court denied AT&T's motion finding the class action waiver unconscionable under Discover Bank v. Superior Court, 36 Cal.4th 148 (Cal. 2005). Id., at 2-3. Plaintiff subsequently filed a motion to have his lawsuit certified as a class action; the district court delayed ruling on the motion pending the U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011). Id., at 1. Based on Concepcion, the federal court denied plaintiff's motion and ordered his claims to be arbitrated on an individual basis. Id., at 1-2.

After providing a general discussion of the FAA and Concepcion, the district court noted Concepcion's holding that "California's Discover Bank rule is preempted by the FAA." Kaltwasser, at 5 (quoting Concepcion, at 1753). Plaintiff, however, argued that Concepcion did not require reconsideration of the district court's prior order denying AT&T' s motion to compel arbitration because (1) "Concepcion left intact a vindication-of-rights doctrine under federal common law" permitting him to avoid arbitration "if he can show that the costs involved in proving his claims exceed the damages he can potentially recover"; (2) "Concepcion did not affect public policy principles of contract law" which hold that "'a law established for a public reason cannot be contravened by a private agreement'"; and (3) AT&T waived its right to arbitration. Id., at 5-6. The district court disagreed.

The...