§ 6A-2.1-108 - Unconscionability.
SECTION 6A-2.1-108
§ 6A-2.1-108 Unconscionability. – (1) If the court as a matter of law finds a lease contract or any clause of alease contract to have been unconscionable at the time it was made the courtmay refuse to enforce the lease contract, or it may enforce the remainder ofthe lease contract without the unconscionable clause, or it may so limit theapplication of any unconscionable clause as to avoid any unconscionable result.
(2) With respect to a consumer lease, if the court as amatter of law finds that a lease contract or any clause of a lease contract hasbeen induced by unconscionable conduct or that unconscionable conduct hasoccurred in the collection of a claim arising from a lease contract, the courtmay grant appropriate relief.
(3) Before making a finding of unconscionability undersubsection (1) or (2), the court, on its own motion or that of a party, shallafford the parties a reasonable opportunity to present evidence as to thesetting, purpose, and effect of the lease contract or clause thereof, or of theconduct.
(4) In an action in which the lessee claims unconscionabilitywith respect to a consumer lease:
(a) If the court finds unconscionability under subsection (1)or (2), the court shall award reasonable attorney's fees to the lessee.
(b) If the court does not find unconscionability and thelessee claiming unconscionability has brought or maintained an action he or sheknew to be groundless, the court shall award reasonable attorney's fees to theparty against whom the claim is made.
(c) In determining attorney's fees, the amount of therecovery on behalf of the claimant under subsections (1) and (2) is notcontrolling.