Illiteracy Not a Reason to Avoid Enforcing Agreement to Arbitrate

Claimant Armando Hernandez argued that his agreement to arbitrate was procedurally unconscionable because Spanish is his primary language, he can barely read and write in English, and he suffers from myopia, which affects his reading ability.  He also stated that no one explained the agreement or receipt and acknowledgment form to him, despite the HR person being aware of his “substantial limitations”.

While acknowledging that one court found an arbitration agreement to be procedurally unconscionable in cases involving illiteracy, the district court judge cited other authorities.  It has long been recognized under Texas law that “illiteracy or language barriers … will not relieve a party of the consequences of his contract”, and thus ordered the matter to arbitration.

Armando Hernandez v. Five Managers, Inc. et al., Civil Action 4:23-CV-04592 (August 27, 2024)