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§12A-2A-108.
§12A-2A-108.
UNCONSCIONABILITY
(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) of this section, 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)
of this section, the court shall award reasonable attorney's fees to
the lessee.
(b) If the court does not find unconscionability and the lessee
claiming unconscionability has brought or maintained an action he knew
to be groundless, the court shall award reasonable attorney's fees to
the party against whom the claim is made.
(c) In determining attorney's fees, the amount of the recovery on
behalf of the claimant under subsections (1) and (2) of this section
is not controlling.
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