Vernon v. Qwest Communications International, Inc.
United States District Court for the District of Colorado
925 F. Supp. 2d 1185 (2013)
Relevant factsFree
The plaintiffs signed two-year Qwest Communications International, Inc. (defendant) service contracts imposing a $200 early-termination fee, requiring individual arbitration or small-claims resolution of disputes, and obligating subscribers to pay half of arbitrator fees up to $125. The plaintiffs sued as a class, claiming the arbitration clause was unconscionable, and Qwest moved to compel arbitration; a magistrate judge recommended granting the motion, and the plaintiffs objected.
IssueFree
Whether, to determine if a contract provision is unconscionable, courts consider seven factors about the contract, its formation, and the parties.