On Twitter and Links to Two Recent Cases Holding Class Action Waiver = Unconscionable
First, a recent SDNY (Griesa) decision holding that an arbitration clause in a student loan agreement was unconscionable. The arbitration clause included a class action waiver. Fensterstock v. Education Finance Partners.
Second, a recent 9th Circuit decision holding unconscionable the class action waiver in T-Mobile’s service agreement with wireless card customers. Chalk v. T-Mobile.
Somewhat related: I learned of the Chalk decision from Ross Runkel via Twitter. I thought Twitter would be a good way to broadcast to my students current links about Contracts, Business Organizations and other law stuff (coincidentally, if you are so inclined, you can follow my links on these topics @Prof_Miller). The students don’t seem much interested (yet?), but I am coming to realize that, yes, there are other good uses for Twitter (including, if you are in L.A., keeping tabs on your favorite Korean taco truck).
[Meredith R. Miller]