Personal Injury Law

North Carolina High Court Issues Ruling to Protect Consumers

By Michael Chandler

The North Carolina Supreme Court decided an important case in favor of North Carolina consumers earlier today. In the case of Tillman v. Commercial Credit Loans, et. al., the Court determined an arbitration clause in a consumer loan agreement was unconscionable; paving the way for the plaintiff and others like her to bring their claims in court.

In reaching its decision, the Court determined the CitiFinancial arbitration clause exposed consumers to unreasonably high costs making it financially unfeasible to even bring the claim. This was especially true for the plaintiff in this case and many like her who have limited means and find they are taken advantage of by these types of loan agreements. The Court also found the arbitration clause was one sided, it prohibited the joinder of claims and excluded class actions.

Now hundreds if not thousands of North Carolina residents who are victimized by oppressive loan agreements will now have access to justice. Without having to incur excessively high arbitration costs and with the ability to join claims and gain class action status, consumers will more easily be able to find North Carolina consumer attorneys who are able to bring claims on smaller cases which before were economically unfeasible. Today was truly a good day for consumers across the state of North Carolina.

Full post as published by Charlotte Personal Injury Lawyer on January 25, 2008 (boomark / email).