The stronger party used to write the rules: choose a friendly state's law, a distant court, a buried clause — and dodge the protections you were owed. This statute says your rights travel with you, unconscionable terms don't bind you, and no lender escapes the usury cap by shopping jurisdictions.
Companies could pick which state's law governed you, which distant court you'd have to sue in, and bury the terms that mattered.Check it
A business could incorporate in whichever state was friendliest to it — and use that choice to escape the protections owed to the people it dealt with.Check it
Take-it-or-leave-it contracts hid one-sided clauses in dense fine print, enforceable whether or not you ever truly understood them.Check it
And a lender could dodge one state's interest-rate cap by operating from another, charging what your home state forbade.Check it
A clause can't strip you of your home state's protections, this Constitution's protections, or your access to a court — no matter what law or forum it names.
A company can incorporate anywhere it likes, but it can't use that to escape what it owes the people it deals with, employs, or serves.
Unconscionable terms and buried clauses don't bind you. Every contract carries a duty of good faith that can't be waived, and ambiguities are read against whoever wrote them.
One national usury and cost-of-credit ceiling applies to every lender to the public — no escaping it by picking a jurisdiction.
Commercial law varied enough between states that a party could shop for the jurisdiction whose rules hurt you most.Check it
A uniform commercial code applies consistently across the country, so the governing rules of commerce can't differ jurisdiction-to-jurisdiction in a way that lets one party pick more favorable rules to your disadvantage.
Fine-print clauses could force you into a distant court under a stranger state's law, stripping the protections of your own.Check it
Any clause selecting the law, forum, venue, or procedure is unenforceable against you to the extent it would deny your home-state protections, your constitutional protections, or your access to a court. Where a contract is silent, the law most protective of the person applies.
Buried, take-it-or-leave-it clauses bound you whether or not any real person could have understood them.Check it
Unconscionable or hidden terms aren't enforceable. Take-it-or-leave-it terms bind only where fair, conspicuous, and within an ordinary party's reasonable expectation. Good faith is mandatory and can't be waived; ambiguities are construed against the drafter.
Lenders escaped a state's interest-rate cap by operating from — or "choosing the law of" — a friendlier jurisdiction.Check it
A single national ceiling on interest and the total cost of consumer credit applies to every lender to the public, regardless of where they operate or whose law the loan claims to select. No jurisdiction-shopping around it.
This is the plain-language version. The binding text is CS-34, which implements Article Eighteen, Section 7 of the Constitution.
This is your country’s law. Help shape the next draft of it.
