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For the LawyersPayday lender can’t enforce online arbitration clause. The Montana Supreme Court held that a payday lender could not enforce an arbitration clause included in its online loan application form. The court noted, “[The defendant] has presented no evidence to suggest that [the plaintiff] qualifies as a sophisticated party with significant business experience. Further, it appears that economic duress compelled [the plaintiff] to enter into this contract for a $600 payday loan with a 780 percent APR…. It continued, “The arbitration clause qualifies as a contract of adhesion and falls outside [the plaintiff’s] reasonable expectations, and, therefore, the arbitration clause is unconscionable."
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