Supreme Court (New Mexico) Finds Arbitration Clause in Automobile RISC Not Unconscionable

In Eileen J. Dalton v. Santander Consumer Usa, Inc., 2016 WL 5266621, at *6 (N.M., 2016), the New Mexico Supreme Court rejected an unconscionability challenge to an arbitration clause in the standard form RISC. “The self-help and small claims carve-out provisions in the arbitration clause of the finance contracts are not substantively unconscionable. Therefore, Dalton did not satisfy her burden of proving a facial challenge to the arbitration clause. We reverse the Court of Appeals and remand to the district court for proceedings consistent with this opinion”.