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Consumers' right to file class actions in danger
If AT&T has its way before the Supreme Court, any business that issues a contract to customers would be able to prevent them from joining class-action lawsuits, taking away arguably the most powerful legal tool available to the little guy.
http://www.latimes.com/business/la-f...,639054.column |
My take is the court battle is over someone being told something to good to be true and not reading the contract to see if it is before they signed it.
Consumers also have other rights they can exercise without going to court and that is to do his or her homework BEFORE a purchase. Another less exercised right available to the consumer is to walk out the door and go somewhere else. Hucksters are still making a good living off the ignorant. Believe me I've been taken for a ride by certain wireless providers too |
:hmmm:
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I'm fine with contractual obligations being sacrosanct, actually. The consumer has the simple choice not to sign the contract. If the contract is too onerous, then the consumer will create a demand for less restrictive contracts.
Contracts are mutually agreed upon instruments, what's the problem? BTW, I'd be surprised to see class action results where anyone in the "class" gets anything remotely close to what the LAWYERS ended up with. Say the lawyers get 30% of a 10 million settlement. 3.33 million to layers, 6.66 million to the class. the class is 100,000 people, and each gets... $66. Yeah for the "little guy!" He won! |
Much ado about nothing.
Under Title 28 section 1332 District Courts have original jurisdiction over class action suits with a value of more than $75,000 Sub section D sections 3 and 4 state that the District Court may decline to hear such cases. Further sub sections list very limited exceptions. The only changes if the Supreme Court rules in favour of this motion is that Corporations may petition the courts to drop the suit. The decision will still remain with the court which has original jurisdiction. A corporation will not be able to prevent any class action suits. |
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