16a-6-111.   (UCCC) Injunctions against unconscionable agreements andfraudulent or unconscionable conduct.(1) The administrator may bring a civil action to restrain a creditor ora person acting in his behalf from engaging in a course of

      (a)   making or enforcing unconscionable terms or provisions of consumercredit transactions;

      (b)   fraudulent or unconscionable conduct in inducing consumers to enterinto consumer credit transactions.

      (2)   In an action brought pursuant to this section the court may grantrelief only if the trier of the fact finds

      (a)   that the respondent has made unconscionable agreements or hasengaged or is likely to engage in a course of fraudulent or unconscionableconduct;

      (b)   that the agreements or conduct of the respondent has caused or islikely to cause injury to consumers; and

      (c)   that the respondent has been able to cause or will be able to causethe injury primarily because the transactions involved are credittransactions.

      (3)   In applying this section, consideration shall be given to each ofthe following factors, among others:

      (a)   Belief by the creditor at the time consumer credit transactions areentered into that there was no reasonable probability of payment in full ofthe obligation by the consumer;

      (b)   in the case of consumer credit sales or consumer leases, knowledgeby the seller or lessor at the time of the sale or lease of the inabilityof the buyer or lessee to receive substantial benefits from the property orservices sold or leased;

      (c)   in the case of consumer credit sales or consumer leases, grossdisparity between the price of the property or services sold or leased andthe value of the property or services measured by the price at whichsimilar property or services are readily obtainable in credit transactionsby like buyers or lessees;

      (d)   the fact that the creditor contracted for or received separatecharges for insurance with respect to consumer credit sales or consumerloans with the effect of making the sales or loans, considered as a whole,unconscionable; and

      (e)   the fact that the respondent has knowingly taken advantage of theinability of the consumer reasonably to protect his interests by reason ofphysical or mental infirmities, ignorance, illiteracy or inability tounderstand the language of the agreement, or similar factors.

      (4)   In an action brought pursuant to this section, a charge or practiceexpressly permitted by this act is not in itself unconscionable.

      History:   L. 1973, ch. 85, § 104; Jan. 1, 1974.