CNU of Alabama, LLC v. Shakeena Cox (Appeal from Mobile Circuit Court: CV-23-22).

Summary

The court held that Cox's challenges based on the Small Loan Act and unconscionability attacked the agreement as a whole and therefore had to be decided initially by an arbitrator under the delegation provision. It further held that UHG waived arbitration of its original collection claim by litigating and appealing that claim, but did not waive arbitration of Cox's later counterclaim, which was subject to arbitration and the class-action waiver. The court reversed the denial of CNU's motion, and affirmed in part and reversed in part the denial of UHG's motion.