This section contains the nature of the case and procedural background.

Relying on the salesman's statement that the truck was 'new' and had never been titled, on May 10, 1999, P purchased a 1998 Ford F-150 pickup truck from D for $ 22,051.77. P signed several forms, including an 'Offer to Purchase or Lease Vehicle.' That agreement had an arbitration agreement where the arbitrator(s) had no authority to award punitive damages and may not in any event, make any ruling, finding, or award that does not conform to the terms and conditions of the AGREEMENTS; and the AGREEMENTS evidence a transaction involving interstate commerce wherein the Federal Arbitration Act shall govern the interpretation and enforcement of this Arbitration Agreement. P discovered that the truck was not new, but rather that it had been previously titled to another person. P discovered that the truck was not new, but rather that it had been previously titled to another person. Ps expert provided an affidavit in which he stated that the difference in cost between a new truck and the used one is $ 6,676.77. P filed suit against D alleging common law fraud, breach of contract, and breach of express warranty. D filed a Motion to Compel Arbitration, asserting that P was required to arbitrate the dispute. P states that he signed the Offer to Purchase or Lease Vehicle without being advised of the arbitration agreement. P alleges that the agreement to arbitrate was not discussed with him. An affidavit provided by the salesman, Bryan Childress, confirms not only that he did not discuss the arbitration agreement with P but also that Childress had no knowledge that an arbitration agreement was part of the transaction. The court found the arbitration clause to be unconscionable and denied D's Motion to Compel Arbitration. D appealed.

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