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Conflict of Laws Keyed to Brilmayer
Brewer v. Missouri Title Loans
Citation:
364 S.W.3d 486 (Mo. 2012) (en banc)Facts
Plaintiff, Beverly Brewer, borrowed $2,215 from Defendant, Missouri Title Loans, Inc. (“MTL”). The loan was secured by the title to Beverly’s car, and the annual percentage rate on the loan was 300%. The loan agreement provided that Beverly must resolve any claim against MTL in binding, individual arbitration governed by the Federal Arbitration Act (“FAA”). The agreement provided that Beverly waived her right to litigate a dispute in court, but MTL specifically retained its “right to seek possession of [Beverly’s car] in the event of default by judicial or other processing including self-help repossession.” MTL, therefore, could utilize the courts to repossess Beverly’s car. Beverly, however, only had the option of arbitration to complain about violations of her rights under the agreement. Additionally, the agreement did not provide an attorney fee multiplier or guaranteed minimum recovery in specified instances.
Beverley made two payments to MTL of over $1,000, but her loan principal was only reduced by six cents. Beverley then filed a class action petition against MTL alleging violations of numerous statutes. MTL filed a motion to dismiss or to stay the claims and compel Beverly to arbitrate her claims individually. On appeal, the Missouri Supreme Court found that the class arbitration waiver contained in the agreement was unenforceable as unconscionable, held that the appropriate remedy was to strike the entire arbitration agreement. The U.S. Supreme Court vacated the Missouri Supreme Court’s judgment and remanded the case for further consideration in light of AT&T Mobility v. Concepcion.
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