Philyaw v. Platinum Enterprises, Inc.

By Judge William H. Ledbetter, Jr.

In a pretrial motion, two of three defendants ask the court to compel arbitration under the parties’ written warranty agreement. In response, the plaintiffs argue that the Magnuson-Moss Warranty Act, applicable here, precludes binding arbitration. Further, they argue that this particular arbitration provision is unenforceable because it is unconscionable. The court agrees with the plaintiffs on both grounds.

Facts

For the limited purpose of this motion, the parties agree that the court may look to the pleadings for the pertinent facts.

The plaintiffs (Philyaws)…