Paul Carrington clearly is unhappy with the U.S. Supreme Court’s decision in AT&T v. Concepcion. “Can’t we protect consumers from fraudulent practices?,” Letter to the editor [NLJ, June 11]. Indeed, from comments he has made elsewhere (“I share the perception expressed by Professor [Arthur] Miller that the Supreme Court has been captured by the Chamber of Commerce” (63 S.C. L. Rev. at 637)), he is unhappy with the Court generally. We can agree to disagree about that.
But Professor Carrington is uninformed, or worse, when he asserts that “the facts of the Concepcion case” show that AT&T Mobility was engaged in a “fraud.” The case is a classic abuse of the class action procedure.
