US Laws, Codes, Statutes & Cases

      Sec. 42-399. Unconscionability. (a) If the court as a matter of law finds that a consumer lease or any provision of the lease was unconscionable when the lease was consummated, the court may refuse to enforce the lease, enforce the remainder of the lease without the unconscionable provision or so limit the application of an unconscionable provision as to avoid an unconscionable result.

      (b) If the court as a matter of law finds that a consumer lease or any provision of a consumer lease was induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from the lease, the court may grant appropriate relief.

      (c) Before making a finding of unconscionability under subsection (a) or (b) of this section, the court shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose and effect of the consumer lease, the provision or the conduct.

      (d) In an action in which the lessee claims unconscionability with respect to a consumer lease, the following rules apply:

      (1) If the court finds unconscionability under subsection (a) or (b) of this section, the court shall award reasonable attorney's fees to the lessee.

      (2) In determining the reasonableness of attorney's fees, the amount of the recovery on behalf of the claimant under subsection (a) or (b) of this section is not controlling.

      (P.A. 02-81, S. 10.)

      History: P.A. 02-81 effective July 1, 2003.