A-3434, which NJCJI opposes, was passed in the Assembly yesterday by a vote of 44-27. This bill, which requires a review of consumer contract for unconscionability, may actually be in conflict with Federal law under a U.S. Supreme Court decision handed down on April 27th, 2011 in AT&T vs. Concepcion. In that decision, the Court ruled that “[w]hen state law prohibits outright the arbitration of a particular type of claim, the FAA [Federal Arbitration Act] displaces the conflicting rule.”
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