n5 The dissent suggests a different set of rules must apply because this was an "arm's-length commercial transaction." (Dis. opn., post, at p. 983.) That plaintiffs are small business owners rather than consumers, however, does not deprive them of section 1671's protection against unreasonable penalties or of the right to relief from contractual forfeiture under section 3275. Similarly, we reject Topa's oral argument suggestion that our Garrett decision does not apply because it predates the 1977 repeal of former section 1670 and the simultaneous amendment of section 1671. Nothing in the 1977 legislation indicates an intent to abrogate Garrett's analysis of unjustified late fees as unenforceable penalties, an analysis that has been cited and followed in several post-1977 decisions (see, e.g., Perdue v. Crocker National Bank, supra, 38 Cal. 3d at p. 931; Baypoint Mortgage Corp. v. Crest Premium Real Estate etc. Trust, supra, 168 Cal. App. 3d at pp. 829-830) and which reflects as well the longstanding and still operative principle of allowing relief from contractual forfeitures.