(A) No supplier shall commit an unconscionable act or practice in connection with
a consumer transaction. Such an unconscionable act or practice by a supplier violates this section whether
it occurs before, during, or after the transaction.
(B) In determining whether an act or practice is unconscionable, the following circumstances
shall be taken into consideration:
(1) Whether the supplier has knowingly taken advantage of the inability of the consumer
reasonably to protect the consumer's interests because of the consumer's physical
or mental infirmities, ignorance, illiteracy, or inability to understand the language
of an agreement;
(2) Whether the supplier knew at the time the consumer transaction was entered into
that the price was substantially in excess of the price at which similar property
or services were readily obtainable in similar consumer transactions by like consumers;
(3) Whether the supplier knew at the time the consumer transaction was entered into
of the inability of the consumer to receive a substantial benefit from the subject
of the consumer transaction;
(4) Whether the supplier knew at the time the consumer transaction was entered into
that there was no reasonable probability of payment of the obligation in full by the
(5) Whether the supplier required the consumer to enter into a consumer transaction
on terms the supplier knew were substantially one-sided in favor of the supplier;
(6) Whether the supplier knowingly made a misleading statement of opinion on which
the consumer was likely to rely to the consumer's detriment;
(7) Whether the supplier has, without justification, refused to make a refund in cash
or by check for a returned item that was purchased with cash or by check, unless the
supplier had conspicuously posted in the establishment at the time of the sale a sign
stating the supplier's refund policy.
(C) This section does not apply to a consumer transaction in connection with the origination
of a residential mortgage.
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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