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Wisconsin Auto Title Loans justifies this “save and except” parenthetical as necessary to comply with Wis

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Wisconsin Auto Title Loans justifies this “save and except” parenthetical as necessary to comply with Wis

The arbitration agreements require Plaintiffs to arbitrate any and all claims they may have against Defendant. Defendant, however, is allowed to bypass arbitration altogether and proceed through the court system with regard to any claims against Plaintiffs “to enforce” Plaintiffs’ “payment obligation, in the event of default”. 3 In other words, Defendant can file a lawsuit and refuse to arbitrate any claim based on Plaintiffs’ failure to do the one thing they agreed to do in the contract, i.e., pay a certain amount by a specified date.

Wisconsin Auto Title Loans has by the arbitration provision “saved and excepted” from binding arbitration all its disputes, controversies, and claims against the borrower

In Wisconsin Auto Title Loans, Inc. v. Jones, 714 N.W.2d 155 (Wis.2006), the Wisconsin Supreme Court was confronted with an arbitration clause very similar to the arbitration clause in the present case. The Wisconsin Supreme Court concluded that the arbitration clause was unconscionable, stating:

That Wisconsin Auto Title Loans has chosen to bring only a replevin action in the circuit court in the instant case is of no moment

The arbitration provision in the loan agreement broadly proclaims that any and all disputes, controversies, or claims between Wisconsin Auto Title Loans (or its employees or affiliates) and the borrower-whether pre-existing, present, or future-arising out of the loan agreement must be decided by binding arbitration.Read More »Wisconsin Auto Title Loans justifies this “save and except” parenthetical as necessary to comply with Wis