Unconscionability arises when there’s a stark inequality of bargaining power resulting in no real negotiation and an absence of meaningful choice, coupled with contract terms that are unreasonably favorable to the stronger party. The court will consider whether the clause was hidden in fine print, the relative understanding and education of the parties, and the disparity in terms used.
For example: A cell phone contract that binds a consumer to pay exorbitant fees for data usage without any possibility for negotiation may be deemed unconscionable.