In a 2005 article published in The Montana Lawyer, James M. Gaitis wrote that "it would appear that the [Montana Supreme] [C]ourt is on the brink of creating a narrowly crafted common law unconscionability/adhesion doctrine that applies solely to arbitration provisions." That appears to be what the Montana Supreme Court at least in part may have done in Kelker v. Geneva-Roth Ventures, 303 P.3d 777 (Mont. 2013), when it ruled that on online arbitration agreement regarding a "payday" loan was unconscionable...
