Consumers' right to file class actions in danger

Ducimus · 11-05-10, 05:19 PM

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

Rockstar · 11-05-10, 05:41 PM

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

FIREWALL · 11-05-10, 06:09 PM

tater · 11-05-10, 06:18 PM

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!

Platapus · 11-05-10, 09:06 PM

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.

11-05-10, 05:19 PM	#1
Ducimus Rear Admiral Join Date: May 2005 Posts: 12,987 Downloads: 67 Uploads: 2	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

11-05-10, 06:09 PM	#3
FIREWALL Eternal Patrol Join Date: Mar 2006 Location: CATALINA IS. SO . CAL USA Posts: 10,108 Downloads: 511 Uploads: 0	__________________ RIP FIREWALL I Play GWX. Silent Hunter Who ???

11-05-10, 09:06 PM	#5
Platapus Fleet Admiral Join Date: Oct 2006 Posts: 19,360 Downloads: 63 Uploads: 0	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. __________________ abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.

11-05-10, 05:41 PM	#2
Rockstar In the Brig Join Date: Nov 2002 Location: Zendia Bar & Grill Posts: 12,614 Downloads: 10 Uploads: 0	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

11-05-10, 06:18 PM	#4
tater Navy Seal Join Date: Mar 2007 Location: New Mexico, USA Posts: 9,023 Downloads: 8 Uploads: 2	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!