The plaintiff filed a putative class action under the New Jersey Consumer Fraud Act and other State Laws arising out of a short-term, single advance, unsecured loan of $200, with an effective APR of 608.33%. The standard form loan agreement signed by plaintiff called for “binding individual (and not class) arbitration.” The Court found that the presence of the class-arbitration waiver in the consumer arbitration agreement rendered it unconscionable, concluding that the public interest at stake in denying the ability of consumers to effectively pursue their statutory rights overrode defendants’ right to seek enforcement of the class-arbitration ban. The unconscionable provision was severable, presumably resulting in a claim for class-wide arbitration. Muhammad v. County Bank of Rehoboth Beach, 2006 N.J. LEXIS 1154 (Aug. 9, 2006).
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