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Wallace & Graham, P.A.

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Charlotte / Salisbury Personal Injury Attorneys

Nationwide Budget Finance Class Action: A Post-Concepcion Analysis of an Arbitration Clause

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The North Carolina Superior Court has denied the defendants' Motion to Compel Arbitration in our class action lawsuit against Nationwide Budget Finance, a payday lending organization that continued to operate after payday lending became illegal in North Carolina in 2001.  While in business, the defendants inserted language into their loan contracts that required any dispute to be resolved through arbitration with the National Arbitration Foundation (NAF) rather than through a trial in court.

After we filed our lawsuit, the defendants sought to enforce these arbitration clauses, which would have prevented us from obtaining class certification and denied our class members any viable remedy.  Fortunately, the North Carolina Superior Court denied the defendants' motion.  In so doing, the Court found that the arbitration clause was no longer enforceable because the NAF no longer exists; that the arbitration clause had never validly been part of the contract because customers were not made aware that the NAF was not a neutral arbitrator, and manipulated arbitrator appointments to achieve favorable results for payday lenders; that the arbitration clause was unconscionable; and that the arbitration clause was an unlawful exculpatory clause designed to prevent customers from asserting their lawful rights.

The Court's Order may be read here.

Last Updated on Monday, 20 February 2012 15:50
 

Alcoa ERISA Medical Benefits Litigation in the News

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An article covering our Alcoa ERISA case ran Tuesday in the business section of the Knoxville News Sentinel.  Click here to read the article.

 

Powell-Perry v. BB&T: A Post-Concepcion Unconscionability Analysis of an Arbitration Clause

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We have obtained a favorable ruling on behalf of a class of plaintiffs in litigation against BB&T bank for charging excessive and unfair overdraft fees.  The lawsuit was brought as a class action, but BB&T's account and cardholder agreements included arbitration clauses and class bans, and BB&T argued that the court should force the plaintiffs to proceed in individual arbitration.  We claimed that the arbitration clauses were not valid contracts because of how they were presented, the fact that customers had no meaningful choice but to agree, and the unconscionable terms which required customers to abandon their legal rights and subjected them to excessive costs.  The bank argued that after a recent case decided by the United States Supreme Court, AT&T Mobility v. Concepcion, the court deciding our case could not hold that these arbitration clauses were unconscionable and illegal.

Last Updated on Monday, 19 September 2011 16:27 Read more...
 

Bill Graham Receives 2011 Humanitarian Award from Community Care Clinic

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The Community Care Clinic of Rowan County presented the 2011 Humanitarian Award to Bill Graham on Friday night.  Many of Bill Graham's family and friends joined the Community Care Clinic in celebrating Bill's charitable spirit over dinner with a friendly roast.  We at Wallace & Graham are very proud of Bill's example.

For more details of the event, please see the Salisbury Post article available here.

Last Updated on Monday, 01 August 2011 09:40
 
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Testimonials

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Charitable Projects & Contributions

As we have in past years, last year our firm joined with others to raise money for various charitable projects and foundations.

American Cancer SocietyCoats for Kids

March of DimesRed Cross

Salvation Army