Dixon v. Daymar Colleges Group, LLC
Annotate this CasePlaintiffs, a group of Daymar College students, filed a lawsuit against Daymar, challenging the college’s admissions process as both procedurally and substantively unconscionable. Specifically, Plaintiffs challenged the incorporation of an arbitration provision on the reverse side of the Student Enrollment Agreement, claiming they were unaware of the arbitration provision’s existence, let alone its meaning. The trial court refused to compel arbitration, concluding that the arbitration agreement was both procedurally and substantively unconscionable. The Court of Appeals reversed. The Supreme Court reversed, holding that Daymar’s attempted incorporation was unsuccessful, and therefore, Plaintiffs were not bound by the arbitration provision on the reverse side of the Agreement.
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