Locklear Auto. Grp., Inc. v. Hubbard
Decision Date | 29 September 2017 |
Docket Number | 1160335, 1160336, 1160337, 1160375, 1160435, 1160436 and 1160437 |
Citation | 252 So.3d 67 |
Parties | LOCKLEAR AUTOMOTIVE GROUP, INC. v. Brad HUBBARD Locklear Automotive Group, Inc. v. Jeremy Averette Locklear Automotive Group, Inc. v. Carol Fuller Locklear Chrysler Jeep Dodge, LLC, and Locklear Automotive Group, Inc. v. Anthony Hood Locklear Chrysler Jeep Dodge, LLC, and Locklear Automotive Group, Inc. v. Jeffery Lollar and Betsy Lollar Locklear Automotive Group, Inc. v. Elizabeth Montana Booth Locklear Automotive Group, Inc. v. Dorothea Williams |
Court | Alabama Supreme Court |
John Martin Galese and Cassandra Harris Kalupa of Galese & Ingram, P.C., Birmingham, for appellants.
Silas G. Cross, Jr., and Justin L. Smith of Cross & Smith, LLC, Tuscaloosa; and Jeffrey T. Kelly of Lanier Ford Shaver & Payne, P.C., Huntsville, for appellees Brad Hubbard, Jeremy Averette, Carol Fuller, Elizabeth Montana Booth, and Dorothea Williams.
Christopher J. Zulanus, James W. Moss, and Ashley L. Crank of Friedman, Dazzio, Zulanas & Bowling, P.C., Birmingham, for appellees Jeffery Lollar, Betsy Lollar, and Anthony Hood.
Before us are appeals from denials of motions to compel arbitration filed by Locklear Chrysler Jeep Dodge, LLC ("Locklear CJD"), and Locklear Automotive Group, Inc. ("Locklear Group"), in actions filed by plaintiffs who alleged that they were victims of identity theft resulting from personal information they had provided Locklear CJD in order to explore the possibility of financing the purchase of a vehicle from Locklear CJD. In case no. 1160435, we affirm the order of the trial court denying the motion to compel arbitration; in the other appeals, we reverse the trial court's orders and remand the causes.
All the plaintiffs in these cases purchased vehicles from Locklear CJD. All the plaintiffs signed an arbitration agreement as part of their vehicle purchases; the operative language of those arbitration agreements is the same. And all the plaintiffs alleged that they were the victims of identity theft that resulted from providing personal information to Locklear CJD when they filled out credit applications for the vehicle purchases.
In addition to naming Locklear CJD as a defendant, the plaintiffs' complaints named multiple other defendants who they alleged played a part in the identity thefts. Among the other defendants named is Locklear Group. According to an affidavit from Christopher S. Locklear, Sr., vice president of Locklear CJD, Locklear Group "is the sole member of Locklear Chrysler Jeep Dodge, LLC."
The arbitration agreement signed by each plaintiff is titled "Binding Pre–Dispute Arbitration Agreement" ("the arbitration agreement"), and its operative language is as follows:
(Capitalization in original; emphasis omitted; and emphasis added.)
In the blank line following the "DESCRIPTION OF PRODUCTS/SERVICES" typically was printed the year and model of the vehicle to be purchased, as well as the vehicle-identification number ("VIN") of that vehicle. Below that were blank lines for the date to be filled in and lines for signatures of the customer and a dealer representative. In two of the cases before us—the complaints filed by Jeffery Lollar and Betsy Lollar and by Anthony Hood—there are allegations that the arbitration agreements were altered after the Lollars and Hood signed their agreements, allegations that will be explained in more detail when we discuss the facts of each case.
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