Missouri Court of Appeals, Eastern District / Jun 16, 2020
TD Auto Finance, LLC, Appellant, vs. Michelle Bedrosian, Respondent.
TD Auto Finance LLC (TDAF) sued Michelle Bedrosian for a deficiency after repossessing and selling her vehicle. Bedrosian filed a counterclaim, and TDAF moved to compel arbitration based on a credit application she signed. The circuit court denied the motion, finding no valid arbitration agreement due to lack of mutuality, unconscionability, and waiver by TDAF. The appellate court reversed and remanded, holding that a valid arbitration agreement existed, the parties clearly delegated arbitrability issues to an arbitrator, and Bedrosian failed to specifically challenge the delegation provision.