New Mexico Supreme Court

Eileen J. Dalton, Plaintiff-Respondent v. Santander Consumer USA, Inc., Defendant-Petitioner

September 22, 201610 N.M. 664

Summary

The New Mexico Supreme Court held that the arbitration clause in Dalton’s automobile finance contracts is not substantively unconscionable because the self‑help carve‑out pertains to extrajudicial remedies and the small‑claims carve‑out is facially neutral. Accordingly, the Court reversed the Court of Appeals and remanded for further proceedings consistent with that holding.