16a-6-111.(UCCC) Injunctions against unconscionable agreements and
fraudulent or unconscionable conduct.
(1) The administrator may bring a civil action to restrain a creditor or
a person acting in his behalf from engaging in a course of
(a) making or enforcing unconscionable terms or provisions of consumer
credit transactions;
(b) fraudulent or unconscionable conduct in inducing consumers to enter
into consumer credit transactions.
(2) In an action brought pursuant to this section the court may grant
relief only if the trier of the fact finds
(a) that the respondent has made unconscionable agreements or has
engaged or is likely to engage in a course of fraudulent or unconscionable
conduct;
(b) that the agreements or conduct of the respondent has caused or is
likely to cause injury to consumers; and
(c) that the respondent has been able to cause or will be able to cause
the injury primarily because the transactions involved are credit
transactions.
(3) In applying this section, consideration shall be given to each of
the following factors, among others:
(a) Belief by the creditor at the time consumer credit transactions are
entered into that there was no reasonable probability of payment in full of
the obligation by the consumer;
(b) in the case of consumer credit sales or consumer leases, knowledge
by the seller or lessor at the time of the sale or lease of the inability
of the buyer or lessee to receive substantial benefits from the property or
services sold or leased;
(c) in the case of consumer credit sales or consumer leases, gross
disparity between the price of the property or services sold or leased and
the value of the property or services measured by the price at which
similar property or services are readily obtainable in credit transactions
by like buyers or lessees;
(d) the fact that the creditor contracted for or received separate
charges for insurance with respect to consumer credit sales or consumer
loans 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 the
inability of the consumer reasonably to protect his interests by reason of
physical or mental infirmities, ignorance, illiteracy or inability to
understand the language of the agreement, or similar factors.
(4) In an action brought pursuant to this section, a charge or practice
expressly permitted by this act is not in itself unconscionable.
16a-6-111.(UCCC) Injunctions against unconscionable agreements and
fraudulent or unconscionable conduct.
(1) The administrator may bring a civil action to restrain a creditor or
a person acting in his behalf from engaging in a course of
(a) making or enforcing unconscionable terms or provisions of consumer
credit transactions;
(b) fraudulent or unconscionable conduct in inducing consumers to enter
into consumer credit transactions.
(2) In an action brought pursuant to this section the court may grant
relief only if the trier of the fact finds
(a) that the respondent has made unconscionable agreements or has
engaged or is likely to engage in a course of fraudulent or unconscionable
conduct;
(b) that the agreements or conduct of the respondent has caused or is
likely to cause injury to consumers; and
(c) that the respondent has been able to cause or will be able to cause
the injury primarily because the transactions involved are credit
transactions.
(3) In applying this section, consideration shall be given to each of
the following factors, among others:
(a) Belief by the creditor at the time consumer credit transactions are
entered into that there was no reasonable probability of payment in full of
the obligation by the consumer;
(b) in the case of consumer credit sales or consumer leases, knowledge
by the seller or lessor at the time of the sale or lease of the inability
of the buyer or lessee to receive substantial benefits from the property or
services sold or leased;
(c) in the case of consumer credit sales or consumer leases, gross
disparity between the price of the property or services sold or leased and
the value of the property or services measured by the price at which
similar property or services are readily obtainable in credit transactions
by like buyers or lessees;
(d) the fact that the creditor contracted for or received separate
charges for insurance with respect to consumer credit sales or consumer
loans 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 the
inability of the consumer reasonably to protect his interests by reason of
physical or mental infirmities, ignorance, illiteracy or inability to
understand the language of the agreement, or similar factors.
(4) In an action brought pursuant to this section, a charge or practice
expressly permitted by this act is not in itself unconscionable.
16a-6-111.(UCCC) Injunctions against unconscionable agreements and
fraudulent or unconscionable conduct.
(1) The administrator may bring a civil action to restrain a creditor or
a person acting in his behalf from engaging in a course of
(a) making or enforcing unconscionable terms or provisions of consumer
credit transactions;
(b) fraudulent or unconscionable conduct in inducing consumers to enter
into consumer credit transactions.
(2) In an action brought pursuant to this section the court may grant
relief only if the trier of the fact finds
(a) that the respondent has made unconscionable agreements or has
engaged or is likely to engage in a course of fraudulent or unconscionable
conduct;
(b) that the agreements or conduct of the respondent has caused or is
likely to cause injury to consumers; and
(c) that the respondent has been able to cause or will be able to cause
the injury primarily because the transactions involved are credit
transactions.
(3) In applying this section, consideration shall be given to each of
the following factors, among others:
(a) Belief by the creditor at the time consumer credit transactions are
entered into that there was no reasonable probability of payment in full of
the obligation by the consumer;
(b) in the case of consumer credit sales or consumer leases, knowledge
by the seller or lessor at the time of the sale or lease of the inability
of the buyer or lessee to receive substantial benefits from the property or
services sold or leased;
(c) in the case of consumer credit sales or consumer leases, gross
disparity between the price of the property or services sold or leased and
the value of the property or services measured by the price at which
similar property or services are readily obtainable in credit transactions
by like buyers or lessees;
(d) the fact that the creditor contracted for or received separate
charges for insurance with respect to consumer credit sales or consumer
loans 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 the
inability of the consumer reasonably to protect his interests by reason of
physical or mental infirmities, ignorance, illiteracy or inability to
understand the language of the agreement, or similar factors.
(4) In an action brought pursuant to this section, a charge or practice
expressly permitted by this act is not in itself unconscionable.