§490:2A-108  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's fees to the
lessee.



(2)  If the court does not find unconscionability and
the lessee claiming unconscionability has brought or maintained an action the
lessee knew to be groundless, the court shall award reasonable attorney's fees
to the party against whom the claim is made.



(3)  In determining attorney's fees, the amount of the
recovery on behalf of the claimant under subsections (a) and (b) is not
controlling. [L 1991, c 40, pt of §1]