SC19-952 Les Krol v. FCA US, LLC, et al.

Les Krol filed a breach of warranty lawsuit against an auto dealership under the Magnuson-Moss Warranty Act related to alleged defects in a truck purchased from the dealership. FCA US filed a motion to compel arbitration, and the trial court granted the motion based on the arbitration agreement contained in the buyer’s retail order. Krol appealed the trial court order to the Fifth District Court of Appeal, claiming amongst other things that the arbitration agreement was unenforceable under the FTC’s single document rule because it was not included in the written warranty. The Fifth DCA held that the agreement was enforceable, as it fell outside the scope of the required disclosures under the FTC’s rule, and certified conflict with another appellate court decision for this Court’s review.
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