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Class action arbitration

AT&T Mobility v. Concepcion

Updated Oct 26, 2026

In brief

The Supreme Court said federal arbitration law overrides California's Discover Bank rule and overturned the lower court's ruling.

Where it stands
Decided

Decided 5-4 · April 27, 2011 · Opinion by Justice Thomas

What it’s about
The dispute concerned whether California could make an arbitration agreement enforceable only if it allowed class-wide arbitration.
Who it affects
California cannot use its Discover Bank rule to refuse enforcement of arbitration agreements because they bar class-wide proceedings.

Summary: written with AI from the case record.

Illustration for AT&T Mobility LLC v. Concepcion
Conceptual illustration · AI-generated

What it's about

The Supreme Court ruled that federal arbitration law overrides California’s Discover Bank rule, overturned the lower court’s ruling, and sent the case back (remanded).

The Federal Arbitration Act governs arbitration agreements, while California's Discover Bank rule limited enforcement of some agreements that barred class-wide arbitration.

Question presented

Does the FAA preempt states from conditioning the enforcement of an arbitration agreement on the availability of class-wide arbitration procedures?

What the Court decided

Holding

Because it “stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress,” Hines v. Davidowitz, 312 U. S. 52, 67, California’s Discover Bank rule is preempted by the FAA. 584 F. 3d 849, reversed and remanded.

Result
Reversed

The Court's reasoning

The Court said California's rule got in the way of Congress's goals for the Federal Arbitration Act, so federal law overrides it.

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 5joined the Court's opinion
  1. Thomaswrote the opinion
  2. Scaliaalso wrote separately
  3. Kennedy
  4. Roberts
  5. Alito
Dissenting · 4disagreed with the result
  1. Breyerwrote the dissent
  2. Kagan
  3. Ginsburg
  4. Sotomayor
5 justices joined the judgment, 4 dissented.

What's next

The case goes back to the lower court for further proceedings under the Supreme Court's ruling.

Documents

2

Opinions

  • Concepcion

    Scalia, Roberts, Kennedy, Thomas, Auto, Breyer, Ginsburg, Sotomayor, Kagan

Audio

View the full docket on supremecourt.gov

Docket activity

10
  • New analysis added

    Oct 26, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 26, 2026 · Generated

  • New analysis added

    Oct 26, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 26, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Oct 26, 2026 · Generated

Show 5 more
  • AI analysis generated: Decision Record

    Oct 26, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 26, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 17, 2026 · Court records

  • Audio Recording added: Oral Arguments - Concepcion

    Sep 17, 2015 · Court records

  • Opinion added: Concepcion

    Apr 27, 2011 · Court records

More questions

1
What did Justice Breyer argue?
He argued that California's rule fit the federal law's language and purpose, rather than getting in the way of them.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 26, 2026Methodology

Court records and filings

Reporting and analysis