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KNOX v. FIRST SOUTHERN CASH ADVANCE

No. COA12-604.

753 S.E.2d 819 (2014)

Tommy KNOX, Velma Knox, and Kerry Gordon, on behalf of themselves and all other persons similarly situated, Plaintiffs v. FIRST SOUTHERN CASH ADVANCE; Compucredit Corporation; Valued Services Acquisitions Company, LLC; Valued Services, LLC; Valued Services of North Carolina, LLC; Valued Services Financial Holdings, LLC; Valued Services Holdings, LLC; Foresight Management Company, LLC; First American Holding, LLC; First American Management, Inc.; James E. Scoggins and Robert P. Manning, Defendants.

Court of Appeals of North Carolina.

February 4, 2014.

Attorney(s) appearing for the Case

Hartzell & Whiteman, L.L.P., Raleigh, by J. Jerome Hartzell , and North Carolina Justice & Community Development Center, by Carlene McNulty , for plaintiff-appellees.

Moore & Van Allen PLLC, Charlotte, by Thomas D. Myrick , Mark A. Nebrig and Jonathan M. Watkins , and Paul Hastings LLP, by J. Allen Maines and S. Tameka Phillips , for defendant-appellants.

STEELMAN, Judge.

Based upon the decisions of the United States Supreme Court in AT&T Mobility v. Concepcion, ___ U.S. ___, 131 S.Ct. 1740, 179 L.Ed.2d 742 (2011), and American Express Co. v. Italian Colors Rest, ___ U.S. ___, 133 S.Ct. 2304, 186 L.Ed.2d 417 (2013), the trial court erred in holding that the arbitration agreement was unconscionable and refusing to compel arbitration...

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