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California's Second District Court of Appeal, affirming the trial court's dismissal of Jessica Bower's class action complaint, concluded that Bower alleged "at the most a conjectural or hypothetical injury, not an injury in fact" by claiming she was deceived when she was told she had to pay the advertised sale price for a cell phone plus tax on the phone's retail value
Within days of the U.S. Supreme Court issuing its groundbreaking AT&T Mobility LLC v. Concepcion et ux. decision, clearing the way for class arbitration waivers in consumer agreements, industry publications speculated as to whether the Bureau of Consumer Financial Protection will act under the Dodd-Frank Act to undo Concepcion
On April 27, 2011, the U.S. Supreme Court, ruling in a five-to-four decision, in AT&T Mobility LLC v. Concepcion et ux., held that California's Discover Bank rulea rule that largely invalidated class action waivers in arbitration provisions in consumer contracts in California and other states following similar rulesis preempted by the Federal Arbitration Act because it "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress
