2006 Minnesota Code
Chapters 324 - 338 Trade Regulations, Consumer Protection
Chapter 336 Uniform Commercial Code
Section 336.2A-108 UNCONSCIONABILITY.

336.2A-108 UNCONSCIONABILITY.
(1) 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.
(2) 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.
(3) Before making a finding of unconscionability under subsection (1) or (2), 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, or of the conduct.
(4) In an action in which the lessee claims unconscionability with respect to a consumer lease:
(a) If the court finds unconscionability under subsection (1) or (2), the court may award
reasonable attorney's fees to the lessee.
(b) If the court does not find unconscionability, the court may make an award under section
549.211 to the party against whom the claim is made.
(c) In determining attorney's fees, the amount of the recovery on behalf of the claimant
under subsections (1) and (2) is not controlling.
History: 1989 c 232 art 1 s 2A-108; 1997 c 213 art 2 s 1