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Woods v. QC Financial Services, Inc.

Missouri Court of Appeals, Eastern District
May 5, 2009
280 S.W.3d 90 (Mo. Ct. App. 2009)

Summary

finding class-action waiver provision substantively unconscionable where "[i]ndividualizing each claim absolutely and completely insulates and immunizes Appellant from scrutiny and accountability"

Summary of this case from Manfredi v. Blue Cross & Blue Shield of Kansas City

Opinion

No. ED90949.

December 23, 2008. Motion for Rehearing and/or Transfer to Supreme Court Denied February 24, 2009. Application for Transfer Denied May 5, 2009.

Appeal from the Circuit Court, St. Louis County, Richard C. Bresnahan, J.

Erich Vincent Vieth, John G. Simon, John Campbell, Debra Kay Lumpkins, St. Louis, for Plaintiff/Respondent

Dana M. Mehrer, Amy Brown, Pierre H. Bergeron, Kansas City, for Respondent/Appellant.



Summaries of

Woods v. QC Financial Services, Inc.

Missouri Court of Appeals, Eastern District
May 5, 2009
280 S.W.3d 90 (Mo. Ct. App. 2009)

finding class-action waiver provision substantively unconscionable where "[i]ndividualizing each claim absolutely and completely insulates and immunizes Appellant from scrutiny and accountability"

Summary of this case from Manfredi v. Blue Cross & Blue Shield of Kansas City

applying Missouri law and holding that a class action waiver was unconscionable where the evidence, including testimony by attorneys, demonstrated that individual plaintiffs could not obtain representation in payday loan cases

Summary of this case from McKenzie v. Betts

In Woods, our Court considered whether a class arbitration waiver provision contained in payday lender's loan contract was unconscionable.

Summary of this case from Brewer v. Missouri Title Loans, Inc.

In Woods, the Court concluded that because the waiver served to immunize the loan company from liability, the exculpatory language could not be enforced against the borrower.

Summary of this case from Brewer v. Missouri Title Loans, Inc.
Case details for

Woods v. QC Financial Services, Inc.

Case Details

Full title:DeQuae WOODS, Plaintiff/Respondent, v. QC FINANCIAL SERVICES, INC., d/b/a…

Court:Missouri Court of Appeals, Eastern District

Date published: May 5, 2009

Citations

280 S.W.3d 90 (Mo. Ct. App. 2009)

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