This case requires us to determine the effect of an individual’s illiteracy on the enforcement of an arbitration agreement, which the individual admits he signed, but because of his illiteracy, denies he understood. The district court held that the individual’s illiteracy, coupled with a lack of oral disclosure, rendered the agreement proeedurally unconscionable. We conclude the district court erred and REVERSE.
I
Washington Mutual Finance Group (‘WM Finance”) is a financial institution providing, among other things, consumer credit services. John Phinizee, Willie Curry (“Curry”), Beulah Tate (“Tate”), Violet Smith (“Smith”), John Bailey (“Bailey”) and Helen Spellman (“Spellman”) (collectively “the Illiterate Appellees”) obtained loans from WM Finance or its predecessors. As part of the same transaction, the Illiterate Appellees also purchased credit, life, disability, and property insurance from American Bankers Life Assurance Company of Florida, American Security Insurance Company, Union Security Life Insurance Company and American Bankers Insurance Company of Florida (collectively “the Insurer Appellants”). Each of the Illiterate Appellees signed an agreement to arbitrate any disputes they might have with WM Finance.
Sometime thereafter, a dispute did arise. The Illiterate Appellees and Miriah Phinizee, wife of Illiterate Appellee John Phinizee, 1 sued WM Finance and the Insurer Appellants in Mississippi state court, alleging primarily that they were sold and charged for insurance that they did not need or want. In response, WM Finance brought separate federal actions under the Federal Arbitration Act (FAA) 2 *263 against the Illiterate Appellees and Miriah Phinizee, seeking an order staying the state actions and compelling the appellees to arbitrate their disputes. The Insurer Appellants, who were also defendants in the state court suit, intervened. The district court consolidated the cases into the instant one.
The district court was persuaded by the Illiterate Appellees’ arguments. It found that they were illiterate and that WM Finance never specifically informed them that they were signing arbitration agreements. The district court went on to conclude that these circumstances rendered the arbitration agreements procedurally unconscionable and therefore unenforceable. The district court also found that Miriah Phinizee did not sign an arbitration agreement and therefore could not be compelled to arbitrate. Accordingly, the district court denied WM Finance’s motion to compel arbitration, denied the Insurer Appellants’ motion for summary judgment, and granted the Illiterate Appellees’ motion to dismiss.
On appeal, WM Finance and the Insurer Appellants argue that the district court erred in three ways. First, they contend that the district court failed to correctly apply Mississippi state law. Second, they assert that the district court procedurally erred because it relied on facts outside the pleadings, yet failed to convert the motion to dismiss into a motion for summary judgment. Furthermore, in this respect, it did not allow for adequate discovery. 3 Finally, they argue that the district court erred in refusing to compel Miriah Phinizee to arbitrate her claims.
II
We review a grant or denial of a petition to compel arbitration pursuant to § 4 of the FAA
de novo. Will-Drill Resources, Inc. v. Samson Resources Co.,
The purpose of the FAA is to give arbitration agreements the same force and effect as other contracts- — no more and no less. 9 U.S.C. § 2.
See Pennzoil Exploration and Production Co. v. Ramco Energy Ltd.,
Under Mississippi law, a contract can be unconscionable in one of two ways: procedurally and/or substantively.
Russell v. Performance Toyota, Inc.,
We find both bases of the district court’s unconscionability conclusion unsupported by Mississippi law. First, the district court erred in concluding that the Illiterate Appellees’ inability to read rendered them incapable of possessing adequate knowledge of the arbitration agreement they signed. The Mississippi Supreme Court has held that, as a matter of law, an individual’s inability to understand a contract because of his or her illiteracy is not a sufficient basis for concluding that a contract is unenforceable.
See Mixon v. Sovereign Camp, W.O.W.,
The same conclusion has been reached by this court and other federal courts construing Mississippi law.
See, e.g., Ross v. Citifinancial, Inc.,
We similarly reject the district court’s holding that the agreement is unconscionable and unenforceable because WM Finance failed specifically to inform the Illiterate Appellees that they were signing an arbitration agreement after having been made aware of the Illiterate Appellees’ inability to read. As we previously have noted, Mississippi law charges parties to a contract with the obligation to read that contract or “have it read to [them],”
Russell,
Finally, we reject the Illiterate Appellees’ argument — made and rejected already by the district court and then raised here again on appeal — that the arbitration clause is procedurally unconscionable because WM Finance misrepresented the nature of the arbitration clause they signed. Specifically, the Illiterate Appellees contend that prior to signing the documents related to the loan and insurance which included the arbitration clause, they informed WM Finance that they could not read and inquired as to the nature of the documents they were signing. The Illiterate Appellees assert that WM Finance’s reply — that they were signing insurance and finance papers — constituted a misrepresentation that fraudulently induced them into signing the arbitration agreement.
*266 We reject this argument for two reasons. 4 First, the representations made by WM Finance here cannot be characterized as fraudulent. The record does indicate that at least some of the Illiterate Appel-lees asked questions about the .nature of the documents they were signing. However, these questions were general in nature, i.e., they were not directed at any particular document in the package of documents they were signing, but referenced the general nature of all the documents, and were met with a general response: you are signing insurance and financial paperwork. This response is not plainly misleading. Indeed, there is no evidence in the record that WM Finance was ever directly asked about the arbitration agreement itself. We thus find no basis to support the Illiterate Appellees’ claim that they were misled regarding the contents of the arbitration agreement they signed.
Second, and more important to our reasoning in this appeal, any inaccurate impressions WM Finance’s statements may have created would indisputably have been cleared up had the Illiterate Appellees simply complied with their legal obligation to read the contract or have it read to them. The Mississippi Supreme Court has indicated that parties to a contract “will not as a general rule be heard to complain of an oral misrepresentation the error of which would have been disclosed by reading the contract.”
Godfrey, Bassett & Kuykendall Architects, Ltd. v. Huntington Lumber & Supply Co., Inc., 584
So.2d 1254, 1257 (Miss.1991);
Boss,
III
Having found enforceable arbitration agreements, we need not address further WM Finance and the Insurer Appellants’ argument that the district court improperly granted the Illiterate Appellees’ motion to dismiss the complaint. The granting of this motion was premised on the district court’s finding that there was no enforceable arbitration agreement. As we have determined this premise to be incorrect, the granting of the Illiterate Appellees’ motion to dismiss is REVERSED.
IV
Finally, we turn to the district court’s holding that Miriah Phinizee could *267 not be compelled to arbitrate her claim because although her husband signed the agreement, she never did so herself. 5 WM Finance and the Insurer Appellants argue that even if Miriah Phinizee did not sign an arbitration agreement, she is nevertheless bound to its terms under ordinary principles of contract and agency law. We agree. As the Second Circuit has accurately noted, while arbitration is contractual by nature:
It does not follow ... that under the [Federal Arbitration] Act an obligation to arbitrate attaches only to one who has personally signed the written arbitration provision. [We have made] clear that a nonsignatory party may be bound to an arbitration agreement if so dictated by the ordinary principles of contract and agency.
Thomson-CSF, S.A. v. American Arbitration Ass’n,
Thus, the issue before us concerns whether Miriah Phinizee is, under ordinary principles of contract law, bound to the terms of the arbitration agreement signed by her husband, but not by her. WM Finance and the Insurer Appellants correctly point out that all of Miriah Phin-izee’s claims against them arise directly from the loans her husband obtained from WM Finance and the credit insurance he bought in connection with those loans. They thus assert that the arbitration agreement her husband signed is operable against her under the principle of equitable estoppel, which precludes a party from claiming the benefits of a contract while simultaneously attempting to avoid the burdens that contract imposes as well. We agree.
Numerous federal circuit courts, including this one, have recognized the operation of the doctrine of equitable estoppel on non-signatories in an arbitration context.
See, e.g., Dominium Austin Partners, L.L.C. v. Emerson,
*268 In the arbitration context, the doctrine [of estoppel] recognizes that a party may be estopped from asserting that the lack of his signature on a written contract precludes enforcement of the contract’s arbitration clause when he has consistently maintained that other provisions of the same contract should be enforced to benefit, him. To allow [a plaintiff] to claim the benefit of the contract and simultaneously avoid its burdens would both disregard equity and contravene the purposes underlying enactment of the Arbitration Act.
International Paper Co.,
Restated, the doctrine of estoppel prevents a party from “having it both ways.”
Grigson,
V
In conclusion, we hold that the district court erred in holding that the arbitration agreements are proeedurally unconscionable and therefore, unenforceable. We also hold that the district court erred in not enforcing the arbitration agreement against Miriah Phinizee. Accordingly, we REVERSE the district court’s denial of WM Finance’s motion to compel arbitration and REMAND for entry of an order compelling arbitration for all parties to this action. We also REVERSE the district court’s grant of the appellees’ motion to dismiss.
REVERSED and REMANDED FOR ENTRY OF JUDGMENT.
Notes
. Miriah Phinizee did not sign an arbitration agreement with WM Finance. She claims to have co-signed the loan and insurance documents along with her husband, a claim that WM Finance disputes. It is undisputed, however, that her husband signed an arbitration agreement in connection with these same documents.
. The FAA, 9 U.S.C. § 4, reads:
A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate *263 under a written agreement for arbitration may petition any United States district court ... for an order directing that such arbitration proceed in the manner provided for in such agreement.... [U]pon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement.
. Specifically, the Insurer Appellants contend that the district court relied on facts outside of the pleadings in determining that the Illiterate Appellees were in fact illiterate. Accordingly, the Insurer Appellants assert that the motion to dismiss should have been converted to a motion for summary judgment and they should have been permitted discovery on the issue of the Illiterate Appellees’ purported illiteracy. It appears that the district court did in fact rely on facts outside the pleadings in some aspects. However, we do not need to address this issue given our conclusion that the appellees' illiteracy, even if established, was insufficient to invalidate the arbitration agreements.
. WM Finance contends that the question of whether the Illiterate Appellees were fraudulently' induced into signing the arbitration agreement is not properly before us, but should be determined by the arbitrator. They cite
Prima Paint Corp. v. Flood & Conklin Mfg. Co.,
. Miriah Phinizee did not obtain any loans or credit insurance from WM Finance herself. She is suing on loans and credit insurance her husband obtained, which she claims that she co-signed. WM Finance disputes this fact, claiming that Miriah Phinizee never cosigned any of the obligations she is now suing under. Either way, however, Miriah Phiniz-ee's entire case hinges on rights arising from her husband's loan and credit insurance transactions as those contractual transactions form the factual basis of each of her claims.
. In determining whether a party should be compelled to arbitrate its claims against another, we acknowledge that whether a court should apply state law or "the federal substantive law of arbitrability,”
Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp.,
. We should note that Miriah Phinizee fails to respond to these arguments in her brief on . appeal.
