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In 2 0 1 9 , the North Carolina Supreme Court decides a case called Smith v . Jones. Smith v . Jones holds that

In 2019, the North Carolina Supreme Court decides a case called Smith v.
Jones. Smith v. Jones holds that any adhesion agreement that burdens any
persons right to appellate review is substantively unconscionable.
In 2020, Anita begins a new cell phone wireless contract with Verizon. %e
agreement she signs provides that, in exchange for $50 per months for 24
months, Verizon will provide her with unlimited calls, texts, and data; the
agreement makes no mention of data speed thro)ling.%e agreement also
includes this provision:
Any dispute arising under or related to this Agreement shall be resolved by arbitration in accordance with the arbitration rules of the
American Arbitration Association. !e results of such arbitration
shall be binding, "nal, and not subject to any further review, judicial or otherwise.
A*er six months, Anita becomes convinced that Verizon is thro)ling her
data speed. She +les a lawsuit in North Carolina district court against Verizon, alleging breach of contract, fraudulent misrepresentation, and unfair
and deceptive trade practices. Verizon responds with a motion to compel
arbitration.
Youre the district judge in this case. Verizons motion is ripe for adjudication. Which way do you rule? Explain why. If you need more information,
say so and explain how that information would in,uence your analysis.

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