Certegy Check Services v. Fuller (Signed Opinion)Annotate this Case
The Supreme Court vacated the order of the circuit court denying a motion to compel arbitration, holding that the court's order did not contain sufficient findings of fact and conclusions of law for the Supreme Court to conduct a proper review.
Plaintiff sued Defendant for invasion of privacy and alleging that they violated the West Virginia Consumer Credit and Protection Act, W.Va. Code 46A-1-101 to -8-102. Defendants moved to compel arbitration. The circuit court denied the motion to compel arbitration, apparently determining that no arbitration agreement was formed and, simultaneously, that the arbitration agreement was unconscionable and should not be enforced. The Supreme Court vacated the circuit court's order, holding that the case must be remanded to the circuit court for further proceedings, including the determination of whether any arbitration agreement existed between the parties and, if so, whether that agreement was unconscionable.