Galloway v. Priority Imports Richmond, LLC, No. 3:2019cv00209 - Document 23 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION re: 21 Order. Signed by District Judge John A. Gibney, Jr. on 9/10/19. (jsau, )
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Galloway v. Priority Imports Richmond, LLC Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division RENEE GALLOWAY, Plaintiff, Civil Action No. 3:19-cv-209 PRIORITY IMPORTS RICHMOND,LLC, d^/a PRIORITY TOYOTA RICHMOND, Defendant. OPINION Weeks after Renee Galloway bought a new car from Priority Toyota Richmond, the dealership forced her to choose between agreeing to higher interest rates or returning her car. Galloway has sued Priority for violating various federal and state consumer protection statutes. Priority has moved to dismiss for lack of subject matter jurisdiction, citing the mediation and arbitration agreements in Galloway's contract. The Court heard argument on the motion on August 7, 2019. Following the hearing, the Court granted in part the motion insofar as it seeks to require the parties to attend mediation before the Better Business Bureau, and stayed the case for forty- five (45) days pending mediation. The parties shall file a status report by the end of the 45-day period. The Court now issues this Opinion to explain its reasoning. I. FACTS ALLEGED IN THE COMPLAINT On May 18, 2018, Renee Galloway, an African-American woman, purchased and took possession of a 2018 Toyota Camry from Priority following a car accident. Galloway signed a retail installment sales contract ("Credit Contract") and a Buyer's Order form ("Buyer's Order"). Galloway agreed to pay a $3,000 down payment and 72 monthly payments of $572.68 at 8.49% interest. The Credit Contract contained the financing details and the Buyer's Order contained the mediation and arbitration agreements. The mediation agreement in the Buyer's Order provides: Dockets.Justia.com
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