The Utah Court of Appeals issued an opinion on June 9, 2022, in the case of Brent Livingston and the Estate of Vernold Livingston, Appellants, v. Finco Holdings Corp., Chico's Auto Sales Inc., Cielo Osorio, Bill Kishton, Milton Rodriguez, and Omar Bolanos, Appellees (No. 20200200-CA). The case was heard in the Third District Court, Salt Lake Department, before the Honorable Richard D. McKelvie, with Ronald Ady representing the Appellants and Joseph A. Skinner and Morgan I. Marcus representing the Appellees Finco Holdings Corp., Cielo Osorio, and Bill Kishton. The opinion was authored by Judge Jill M. Pohlman, with Judges Gregory K. Orme and Ryan M. Harris concurring.

The case involved a consumer loan agreement between the Livingstons and Finco Holdings Corp. dba The Equitable Finance Company (Lender) to finance the purchase of a vehicle. The agreement included an arbitration clause, requiring any disputes to be resolved through arbitration. After the Livingstons allegedly defaulted on their loan, Lender repossessed the vehicle, sold it, and returned the excess proceeds to the Livingstons.

Livingston V. Finco Arbitration Agreement Upheld