Fiser v. Dell Computer Corporation

OPINION

SERNA, Justice.

{1} We granted certiorari to review whether Defendant Dell Computer Corporation’s Motion to Stay and Compel Arbitration pursuant to the Federal Arbitration Act was properly granted. We hold that, in the context of small consumer claims that would be prohibitively costly to bring on an individual basis, contractual prohibitions on class relief are contrary to New Mexico’s fundamental public policy of encouraging the resolution of small consumer claims and are therefore unenforceable in this state. We reverse.

I. FACTUAL BACKGROUND AND PROCEEDINGS BELOW

{2} Plaintiff Robert…