Gandee v. LDL Freedom Enterprises, Inc.

¶1 This case involves the enforceability of a binding arbitration clause included within a debt adjustment contract. The trial court denied the defendant’s motion to compel arbitration, ruling that the motion was untimely and that the binding arbitration clause was unconscionable. We affirm the trial court’s holding that the clause is unconscionable, which then requires us to decide whether this conclusion as to the validity of the binding arbitration clause is preempted by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-14, as recently determined by the United States Supreme Court in AT&T…