Class action waivers of the sort the CFPB sought to eliminate have become quite common in consumer agreements, both financial and non-financial. In AT&T Mobility LLC v. Concepcion, the U.S. Supreme Court, in a 5-4 decision written by the late Justice Antonin Scalia, held that class action waivers contained in the arbitration clauses of consumer contracts are valid under the U.S. Federal Arbitration Act and should be enforced despite contrary state law. Given the likely elimination of the Final Rule, class action waivers will almost certainly appear with greater frequency in consumer contracts.