Chalk One Up For Consumers!

Chalk one up for consumers! The California Supreme Court unanimously held that interest rates may render a consumer loan unconscionable even in the absence of a statutory interest rate cap. http://www.courts.ca.gov/opinions/documents/S241434.PDF. The ruling has also been covered in the LA Times and the American Banker.  This allows courts to take into account the facts and equities of each case, and not simply rely on a statutory rate.  The Court and the Amicus Brief filed by the consumer advocacy organizations cited Embracing Unconscionability’s Safety Net Function, 58 ALA. L. REV. 73-117 (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1270836) in understanding the contract doctrine of unconsionability’s historical roots in courts of equity.

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