Nagrampa v. MailCoups, Inc.
United States Court of Appeals for the Ninth Circuit
469 F.3d 1257 (9th Cir. 2006)
Relevant factsFree
Connie Nagrampa (plaintiff), seeking to run a direct-mail-coupon franchise for MailCoups (defendant) in California, was required to sign a non-negotiable franchise agreement with an arbitration clause designating Boston, Massachusetts as the exclusive forum, while carving out an exception letting only MailCoups seek provisional judicial relief. After Nagrampa terminated the agreement, MailCoups demanded arbitration in Boston seeking $80,000 in fees; Nagrampa refused to participate and sued, and MailCoups moved to compel arbitration.
IssueFree
Whether a strong finding of substantive unconscionability compensates for a weak finding of procedural unconscionability.