Scott v. Cingular Wireless

¶ 28 (dissenting) — The public policy that the majority says is violated by the class action waiver at issue is a public policy created by the majority itself. If there is to be state policy forbidding class action waivers in consumer agreements, it should come from our legislature, not this court.

Madsen, J.

¶29 Perhaps more troubling, though, is that the majority’s new policy disfavors arbitration, contradicting the strong legislative public policy favoring arbitration of disputes embodied in the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16. Under the act, every presumption must be…