which, to a consumer’s detriment, takes advantage of the lack of knowledge, ability, experience, or capacity of the consumer to a grossly unfair degree.” Id. § 17.45(5) (West 2011). The term “gross” should be given its ordinary meaning, and therefore, the resulting unfairness must be “glaringly noticeable, flagrant, complete and unmitigated.” Dwight’s Discount Vacuum Cleaner City, Inc. v. Scott Fetzer Co., 860 F.2d 646, 650 (5th Cir. 1988) (citing Chastain v. Koonce, 700 S.W.2d 579, 583 (Tex. 1985)), cert. denied, 490 U.S. 1108, 109 S.Ct. 3161, 104 L.Ed.2d 1024 (1989); see also Ins. Co. of N. Am. v. Morris, 981 S.W.2d 667, 677 (Tex. 1998). Unconscionability is an objective standard for which scienter is irrelevant. See Koonce, 700 S. W.3d 292, 297 (Tex. App.—San Antonio 2008, no pet.) (<HOLDING>); see also Tex. Bus. & Com. Code Ann. § 2.302
holding that where agreement prohibits recovery of attorneys fees in civil rights case the relevant portions of the arbitration policy are therefore void as against public policy holding provision in attorneys fee contract requiring client that terminated contract to immediately pay attorney fee equal to present value of attorneys interest in case was inconsistent with public policy and unconscionable holding provision in arbitration agreement requiring arbitrator to assess attorneys fees and costs against consumer if consumer were unsuccessful in dtpa actionwithout finding of  groundlessness required  by dtpa statutewas inconsistent with public policy of dtpa and therefore substantively and procedurally unconscionable holding that an arbitration provision that waived class actions and thus required the consumer to pay a 125 fee to vindicate a 150 claim was substantively unconscionable but also holding that the waiver provision was severable from the remainder of the arbitration provision which would be enforced holding that the arbitration provision was substantively unconscionable because it precluded the award of attorney fees which were authorized in the relevant ohio consumer protection statute