Wisconsin Auto Title Loans, Inc. v. Jones

714 N.W.2d 155 (2006)

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Wisconsin Auto Title Loans, Inc. v. Jones

Wisconsin Supreme Court
714 N.W.2d 155 (2006)

SC

Facts

Wisconsin Auto Title Loans, Inc. (plaintiff) provided an $800 loan to Jones (defendant), with Jones using his car title as collateral. Wisconsin Auto had significant experience in granting loans with car titles used as collateral. Jones was indigent and needed money quickly. Wisconsin Auto did not provide any options to Jones with respect to the loan agreement; it was a take-it-or-leave-it, standardized form contract. The agreement provided for an annual percentage rate (APR) of 300 percent. The agreement contained an arbitration provision that required the parties to submit any dispute regarding the agreement to binding arbitration. However, the provision permitted Wisconsin Auto to bring a claim in circuit court to repossess the car or obtain payments from Jones. Further, the agreement required that Jones pay the first $125 of any arbitration filing fee. Jones defaulted on the loan. Wisconsin Auto filed suit in circuit court to recover Jones’s car. The circuit court held that the arbitration provision was unconscionable. The court of appeals affirmed. The Wisconsin Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Abrahamson, C.J.)

Concurrence (Butler, J.)

Dissent (Roggensack, J.)

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