California Supreme Court
Eduardo De La Torre, Plaintiffs and Appellants v. Cashcall, Inc., Defendant and Respondent.
August 13, 2018236 Cal. Rptr. 3d 353
Summary
The court held that an interest rate on a California consumer loan of $2,500 or more may be unconscionable under Financial Code section 22302, even though section 22303 imposes no numerical interest-rate cap on such loans. It reasoned that unconscionability is a context-dependent inquiry requiring consideration of procedural and substantive unfairness, rather than a mechanical comparison with a statutory rate ceiling. The court also held that an unconscionable loan may support an unlawful-business-practices claim under the UCL. The opinion contains no separate writings.