INTEREST OF AMICI CURIAE

Amici curiae are professors of contract law.1 Based on their many years of experience teaching and publishing in the field of contracts, amici write to correct the account of contract law presented by AT&T Mobility ("ATTM") and its amici in this case. ATTM and its amici claim that courts in California—and by extension courts applying the law of nineteen other states—have "distorted" contract doctrine by finding class action bans in adhesion contracts to be unconscionable. However, ATTM and its amici fault these courts for failing to follow a version of the unconscionability doctrine that simply does not exist. This brief explains why it is ATTM and its amici that have distorted traditional contract principles.

Brief pdf