47-2A108. Unconscionability
A. 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.
B. 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.
C. Before making a finding of unconscionability under subsection A or B, 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.
D. In an action in which the lessee claims unconscionability with respect to a
consumer lease:
1. If the court finds unconscionability under subsection A or B, the court shall
award reasonable attorney fees to the lessee.
2. If the court does not find unconscionability and the lessee claiming
unconscionability has brought or maintained an action he or she knew to be groundless,
the court shall award reasonable attorney fees to the party against whom the claim is
made.
3. In determining attorney fees, the amount of the recovery on behalf of the
claimant under subsections A and B is not controlling.
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