and Sotomayor questioned Andrew Pincus, attorney for AT&T Mobility, about when unconscionability claims are made under state law.  Mr. Pincus argued that the California law was not being applied uniformly. Scalia challenged that assertion when he asked, “Are we going to tell the State of California what it has to consider unconscionable?” Deepak Gupta, representing the Concepcions, argued that the contract AT&T imposed on his clients was clearly unfair. He asserted that state law should be a guidepost in these questions. Some of his arguments drew criticism from Chief Justice John Roberts. Mr. Gupta concluded by arguing that California “has made a judgment that if you preclude class-wide relief. . . that will gut the State’s

substantive consumer protection laws.”

 

T...

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