The MoFo lawyers' prediction is backed by some good points under the heading “POLITICAL CLIMATE”:
· “there has been increased criticism of the inclusion of arbitration clauses, especially those that contain class waivers, in consumer contracts since the Supreme Court has twice ‘rejected the argument that class arbitration was necessary to prosecute claims that might otherwise slip through the legal system’ – in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011) and in American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013).”
· “The hostility towards the decisions is further evidenced by” the Senate Judiciary hearing on December 17, 2013. Senator Al Franken presided over the hearing quite assertively.
· Sen. Franken reintroduced legislation seeking to prevent enforcement of pre-dispute arbitration agreements in contracts of adhesion.