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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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