Unsurprisingly, it was AT&T that was cheating its customers, to the tune of $30 a pop, that was the defendant in this case.
I'm with Breyer on this:
But the dissenters said a practical ban on class action would be unfair to cheated consumers. Justice Stephen G. Breyer said the California courts had insisted on permitting class-action claims, despite arbitration clauses that forbade them. Otherwise, he said, it would allow a company to "insulate" itself "from liability for its own frauds by deliberately cheating large numbers of consumers out of individually small sums of money."But I would have been more frank. I would have said that the Scalia, et al, were creating a license to steal.
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