Section 2-A-108. Unconscionability  


Latest version.
  • (1)  If  the  court  as  a matter of law finds a lease contract or any
      clause of a lease contract to have been unconscionable at  the  time  it
      was  made  the court may refuse to enforce the lease contract, or it may
      enforce the remainder of the lease contract without  the  unconscionable
      clause,  or it may so limit the application of any unconscionable clause
      as to avoid any unconscionable result.
        (2) With respect to a consumer lease, if the court as a matter of  law
      finds  that  a lease contract or any clause of a lease contract has been
      induced by unconscionable conduct or  that  unconscionable  conduct  has
      occurred in the collection of a claim arising from a lease contract, the
      court may grant appropriate relief.
        (3)  Before making a finding of unconscionability under subsection (1)
      or (2), the court, on its own motion or that of a  party,  shall  afford
      the  parties  a  reasonable  opportunity  to  present evidence as to the
      setting, purpose, and effect of the lease contract or clause thereof, or
      of the conduct.
        (4) In an action in which the  lessee  claims  unconscionability  with
      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) in  determining  attorney's  fees,  the amount of recovery on
                 behalf of the claimant under subsections (1) and (2)  is  not
                 controlling.