holding preclusion of class action matches will not make contract unconscionable
Overview of the case from Cunningham v. Citigroup
Appeal through the Superior Court, Law Division, Union County.
Before Judges KESTIN, LEFELT and FALCONE.
Donna Siegel Moffa argued the reason for appellant (Williams, Cuker and Berezofsky and Trujillo Rodriguez Richards, solicitors; Mark R. Cuker and Ms. Moffa, in the brief).
Marc J. Zucker argued the main cause for the respondent County Bank (Weir Partners solicitors; Susan Verbonitz and Mr. Zucker, in the brief).
Claudia T. Callaway (Paul, Hastings, Janofsky Walker)of the District of Columbia Bar, admitted pro vice that is hac argued the main cause for respondent Main Street Service Corp. (Sweeney Sheehan , and Ms. Callaway, solicitors; Ms. Callaway of counsel; J. Michael Kunsch, in the brief).
Pinilis Halpern, solicitors for amicus curiae AARP Foundation and Counsel for nationwide Association of Consumer Advocates (William J. Pinilis, of counsel as well as on the brief).
The viewpoint regarding the court ended up being delivered by
The major concern presented in this interlocutory appeal, plus one that are of very very first impression in this State, is whether a mandatory arbitration supply in an online payday loan agreement is enforceable. a «payday loan» is a temporary, single re payment, unsecured customer loan, alleged because re re re payment is normally due in the debtor’s next payday.
Plaintiff, Jaliyah Muhammad, contends that, as the arbitration clause is both procedurally and substantively unconscionable, the test court erred with its dedication that the clause ended up being enforceable. She further contends that the test court should have allowed breakthrough prior to making its dedication that the arbitration clause is enforceable. We disagree and affirm.
Here you will find the relevant facts and appropriate procedural history. (más…)