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COTTONWOOD FINANCIAL, LTD v. ESTES

No. 2009AP760.

784 N.W.2d 726 (2010)

2010 WI App 75

COTTONWOOD FINANCIAL, LTD, d/b/a The Cash Store, a foreign corporation, Plaintiff-Respondent, v. Darcie ESTES, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed May 25, 2010.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Eric L. Crandall of Crandall Law Offices, S.C. of New Richmond.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Duffy Dillon of Brennan, Steil & Basting, S.C. of Janesville.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

¶ 1 HOOVER, P.J.

Darcie Estes appeals a judgment and an order confirming an arbitration award and an order compelling arbitration. Estes argues the arbitration agreement was unconscionable and, therefore, unenforceable. We conclude the arbitration agreement was substantively unconscionable because it required Estes to waive her ability to proceed as part of a class. Because an arbitration agreement must be both procedurally and substantively unconscionable to...

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