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No. 11-1056
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
District Judge. (3:08-md-01976-FDW)
Submitted:
Decided:
PER CURIAM:
Sylvia
Carson
appeals
the
district
courts
order
provision
was
unconscionable,
the
court
reviews
de
novo
district
court
We affirm.
a
district
courts
In conducting
its review this court must first examine whether the parties
agreed to arbitrate the claims at issue.
Wilson v. Kellogg Brown & Root, Inc., 525 F.3d 370, 380 (4th
Cir. 2008); Sydnor v. Conseco Fin. Servicing Corp., 252 F.3d
302, 305 (4th Cir. 2001) (While federal policy broadly favors
arbitration, the initial inquiry is whether the parties agreed
to arbitrate their dispute.) (citation omitted).
Here, Carson
of
Further,
use,
no
which
one
included
prevented
her
the
from
arbitration
perusing
the
provision.
arbitration
We
conclude
that
Carson
agreed
to
arbitrate
the
claims at issue.
Having established that Carson agreed to arbitrate her
claims, this court must next determine whether the arbitration
3
clauses
are
525 F.3d
require
enforceable.
at
381.
United
Under
invalidation
unconscionable.
limited
of
an
for
ex
rel.
circumstances,
arbitration
Wilson,
equity
agreement
may
that
is
States
this
affirmative
defense.
Tillman
v.
Commercial
inquiry
into
unconscionability
requires
that
alterations
asserting
that
procedural
and
and
contract
substantive
citations
is
omitted).
unconscionable
must
party
prove
both
unconscionability.
Id.
(citations
Carson
her
burden
omitted).
We
establish
that
unconscionability.
application
external
conclude
from
her
pressure.
home
She
has
She
was
computer
visited
not
the
at
met
able
her
peruse
leisure,
website
to
on
her
with
own
to
the
no
and
Prior to submitting
agreement.
costs
prohibitively
were
expensive,
or
that
the
arbitration
not
err
arbitration.
in
granting
Accordingly,
LendingTrees
we
affirm
motion
the
to
judgment
compel
of
the
the
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED