The article focuses on a new strategy to "anti-aggregation agreements," contractual provisions which prohibit parties to participate in class action. It discusses the U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion, suggesting that such agreements should be based on actual regulatory compliance. It mentions that anti-aggregation agreements are applied by default, but in case there will be an irreversible harm occurring to party, such agreements will not be applicable.
David L. Noll,
Rethinking Anti-Aggregation Doctrine,
Notre Dame L. Rev.
Available at: http://scholarship.law.nd.edu/ndlr/vol88/iss2/3