Dalton v. Santander Consumer USA, Inc.

OPINION

CHÁVEZ, Justice.

{1} Eileen Dalton purchased two used cars under separate finance contracts which contained provisions that retained self-help remedies for both parties, and that allowed either party to compel arbitration of any claim or dispute arising out of the contracts that exceeded the jurisdiction of a small claims court, which in New Mexico is $10,000. Dalton contends that the arbitration clause is substantively unconscionable on its face, and therefore is unenforceable because the self-help and small claims carve-out provisions are unreasonably one-sided. We hold that the…