To give anywhere near an educated opinion on this, I’d have to do a bunch of research and read their complaint (and wait for the ACC’s response). Having said that, it’s never easy arguing that a contract you signed shouldn’t be enforced against you, but there are situations where you can get it thrown out anyway. Delaware is a “contractarian” state, where they more than others try to enforce contracts as written. But I don’t know what state’s law governs the ACC, and if it’s NC (which would be my guess) I have no clue what their state take on general principles of contract law are.