In her own briefing before this Courtroom, Cordova have continued in order to argue one another this lady unconscionability and you can illusory-offer theories

<15>In its opinion below, the Court of Appeals similarly considered the arbitration provisions in this case to be illusory. Cordova, No. 27,436, slip op. at 3. Unlike the contracts in Piano and Heye, however, the arbitration provisions at issue here were not capable of being modified by World Finance after the fact. They were one-sided from the beginning.

<16>Because World Finance did not reserve the unilateral right to modify or eliminate any of its contractual obligations, and because consideration was provided in the new extensions of credit that accompanied each of the questioned arbitration agreements, we agree with the position of World Finance that this case does not fit within the Piano and Heye analytical framework. We have concluded that the most appropriate way in which to evaluate these agreements is through the framework of a traditional unconscionability analysis, as urged by Cordova and by amici curiae AARP and the Attorney General of New Mexico.

<17>World Finance contends that the unconscionability issue has not been properly presented and preserved, and is therefore not before us for consideration. We disagree. To support Cordova’s arguments in the district court that “World Finance Company’s arbitration agreement is so one-sided that it cannot be enforced,” Cordova did not rely solely on the void-as-illusory contract precedents of Piano and Heye. Continue Reading