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Missouri Supreme Court allows arbitration language for short term lenders

Mar 10, 2012 Philip Burgess

A Missouri high court ruling earlier this week stated that short term lending companies can require in a contract that customers resolve disputes via arbitration rather than going to court, CBS News reports. The case that sparked the decision - Robinson vs. Title Lenders - involved a woman, Lavern Robinson, and her desire to file a class action suit against the Deerfield, Illinois-based short term lenders. According to Leagle.com, Robinson entered into 13 separate short term loans with Title Lenders from September 2005 to September 2006. While the contracts she entered did contain "standard arbitration agreement language," they didn't provide a waiver of any claims, remedies or damages that would be available to her. CBS notes that oftentimes, businesses prefer to enter arbitration agreements than relying on a judge and jury because it's less costly and time-consuming. Chief Justice Richard Teitelman weighed in on the decision, stating "this is a particularly onerous provision because among the lender's chief remedies in the event of default is either judicial or self-help repossession," as quoted by the news source. "The title company reserves its right to obtain its primary remedies through the court system" while the plaintiff could only go to arbitration.