Eagle v. Fred Martin Motor Co

In Eagle v. Fred Martin Motor Co., 157 Ohio App.3d 150, 2004 Ohio 829, 809 N.E.2d 1161, a consumer commenced an action against an auto dealer for violations of CSPA, alleging unfair, deceptive, and unconscionable acts and practices by the dealer when it sold her an automobile. The dealer invoked an arbitration clause in the sales contract, and asked the common pleas court to stay the consumer's action pursuant to R.C. 2711.02. The court ordered a stay. The consumer appealed, arguing that the arbitration contract in its restrictions violated public policy. The arbitration clause in Eagle contained restrictions against proceeding as a private attorney general and also imposed a confidentiality requirement. Reasoning that these provisions vanquished the remedial provisions of the CSPA by imposing arbitration costs and restricting access by other consumers to matters about which they ought know, the Court of Appeals of Summit County held that the arbitration clause violated public policy by its impact on society as a whole.