(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
(a) if the court finds unconscionability under subsection (1) or (2) of this section,
the court shall award reasonable attorneys' 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 attorneys' fees to the party against whom the claim is made.
(c) in determining attorneys' fees, the amount of the recovery on behalf of the claimant
under subsections (1) and (2) of this section is not controlling.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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