Each for less than $500 with Defendants between June 7, 2002 and September 6, 2002, Plaintiff completed a series of eight loan transactions. (Doc. No. 1, Ex. A.) that loan application for every single deal was completed during the offices of First United states advance loan of Georgia (“First US”). Under the all encompassing terms of this loan documents, Plaintiff consented to either arbitrate, or assert in a little claims tribunal, all claims against both First nationwide Bank in Brookings (“First nationwide Bank”) and First United states. (Doc. Number 4, Ex. C.) The arbitration agreements additionally calls for Plaintiff to waive her straight to serve

on your behalf, being an attorney that is private, or in just about any representative capacity, and/or to participate as a part of a course of claimants, in just about any lawsuit filed against us and/or related third events.

(Doc. Number 4, Ex. D.) Plaintiff filed a class that is putative suit, predicated on state law claims, into the Superior Court of Richmond County, Georgia. Defendants effectively eliminated the situation for this Court. Defendants now seek to remain the court procedures and arbitration that is compel towards the regards to the arbitration contract found in all the loan papers.

Plaintiff signed and dated an Arbitration Agreement each right time she took down a loan with Defendants. (Doc. # 4, Ex. D.) The Federal Arbitration Act (“FAA”) makes valid any written agreement to arbitrate a dispute arising away from a deal involving interstate business. 9 U.S.C. В§ 4. Where a celebration to this kind of agreement fails or refuses to arbitrate, the *1373 other celebration may move for the purchase arbitration that is compelling. Id. Moreover, Section 4 associated with the FAA calls for that the district court “must give the movement when it is pleased that the ongoing events actually decided to arbitrate the dispute.” Bess v. check always Express, 294 F.3d 1298, 1304 (11th Cir. 2002). Nevertheless, in the event that generating associated with arbitration contract is with in problem, “the court must first adjudicate perhaps the agreement is enforceable against the events.” Id. Right right Here, Plaintiff contends that the arbitration clause and contract are unenforceable. Plaintiff contends first that the FAA will not connect with the transaction that is underlying and 2nd that the arbitration clause and agreement are unconscionable. The Court will address both these arguments in change.

A. The Effective Use Of the FAA

Plaintiff contends the mortgage deals don’t involve commerce that is interstate hence the FAA will not use. When it comes to FAA to utilize, the deals must fall in the concept of “involving business,” as defined by 9 U.S.C. §§ 1 & 2. part one of the FAA defines “commerce” as “commerce one of the a few states.” 9 U.S.C. В§ 1. area 2 regarding the FAA expounds on part 1, supplying:

A written supply in every maritime transaction or a contract evidencing a deal involving business to stay by arbitration a debate thereafter arising away from such agreement or deal, or even the refusal to perform the complete or any component thereof, or an understanding on paper to submit to arbitration a current debate arising away from this kind of agreement, deal, or refusal, will be legitimate, irrevocable, and enforceable, save upon such grounds as occur at law or perhaps in equity for the revocation of any agreement.

9 U.S.C. § 2. therefore, the Court must figure out if the transactions and loan papers meet 9 U.S.C. §§ 1, 2.

Plaintiff contends that she dealt exclusively with First United states and therefore despite the mortgage agreement boilerplate language First National Bank had not been the lending company. Yet, First nationwide Bank, a nationwide bank positioned in Southern Dakota, is actually noted on both the Promissory Note together with arbitration contract whilst the lender (Doc. No. 4, Exs. C, D.) moreover, First nationwide Bank set all of the credit scoring requirements for the loans and refused or approved all applications. (Manning Aff. В¶ 6.) In the event that application for the loan ended up being authorized, First nationwide Bank transmitted a preprinted “Consumer Loan Agreement” (Id. В¶ 8), including an arbitration contract finalized with a agent of First nationwide Bank. (Doc. Number 4, Ex. D.) The borrowers’ checks are made down to First National Bank and therefore are also deposited in a banking account in First nationwide Bank’s title.