GANDEE v. LDL FREEDOM ENTERPRISES, INC.

No. 87674-6.

293 P.3d 1197 (2013)

176 Wn.2d 598

Patty J. GANDEE, individually and on behalf of a Class of similarly situated Washington residents, Respondent, v. LDL FREEDOM ENTERPRISES, INC. a/k/a LDL Freedom, Inc. d/b/a Financial Crossroads, a California Corporation; and Nationwide Support Services, Inc., a California corporation, Appellants, Dale Lyons, individually; Bette J. Baker a/k/a Liz Baker, individually; and John and Jane Does 1-5, Defendants.

Supreme Court of Washington, En Banc.

Decided February 7, 2013.


Attorney(s) appearing for the Case

Milton G. Rowland , John Ray Nelson , Foster Pepper PLLC, Spokane, WA, for Appellants.

Darrell W. Scott , Boyd McFadden Mayo , The Scott Law Group PS, Spokane, WA, for Respondent.

George M. Ahrend , Ahrend Albrecht PLLC, Ephrata, WA, Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, amicus counsel for Washington State Association for Justice Foundation.


C. JOHNSON, J.

¶ 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...

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