Two important points that need to be more clearly explained in this article:
- This article is not saying that fine print doesn't count. It is saying that the abrogation of established rights, though fine print, can be challenged - just the abrogation of established rights. Early termination fees, for example, can't be set aside, since there is no right to walk away from a financial arrangement you agreed to. By contrast, giving up the right to sue is unconscionable.
- It would actually be unconscionable to ignore tenets outlined in fine print, which aren't setting aside established, durable rights, since that would break the agreement and bias it toward one side (the consumer). Striking such tenets out of the contract would necessarily render the contract null and void.