One to Watch: AT&T Mobility, LLC v. Concepcion
The U.S. Supreme Court has granted cert in AT&T Mobility, LLC v. Concepcion, an appeal from the 9th Circuit case Laster v. AT&T Mobility, LLC, to consider whether the Federal Arbitration Act preempts states from conditioning the enforcement of an arbitration agreement on the availability of particular procedures. In Laster, the 9th Circuit rejected AT&T's argument that the FAA preempts California law that holds class arbitration waivers unconscionable.
9th Circuit Reverses Denial of FACTA Class Certification
In Bateman v. American Multi-Cinema, Inc., the 9th Circuit last week reversed the district court's denial of class certification in a case alleging violation of the Fair and Accurate Credit Transactions Act (FACTA), 15 U.S.C. 1681c(g)(1), a statute intended to combat identity theft by prohibiting credit and debit card receipts issued to consumers from reflecting the expiration date or more than the last five digits of the card number.
Plaintiff Bateman alleged that defendant had violated FACTA by issuing credit and debit card receipts from automatic ticket machines that included both the first four and last four digits of the card number. Plaintiff filed a putative class action seeking to recover statutory damages for each class member.
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