Delta Funding Corporation, Plaintiff-Respondent v. Alberta Harris, Defendant-Appellant

Summary

The New Jersey Supreme Court answered a certified question of whether the arbitration agreement in a sub‑prime consumer loan is unconscionable under state law, holding that the cost‑shifting, attorney‑fees, and appeal‑cost provisions are unconscionable and must be severed, while the class‑action waiver and bifurcated foreclosure provisions are not unconscionable; the agreement as a whole is not cumulatively unconscionable. Justice Rivera‑Soto dissented, arguing the certification should be dismissed, and Justice Zazzali concurred in part and dissented in part, finding the entire agreement unconscionable.