16a-5-108. (UCCC) Unconscionability of act or practice; inducement by unconscionable conduct.
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/ks/16a-5-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
16a-5-108.
(UCCC)Unconscionability of act or practice; inducement by unconscionable conduct.
(1)The unconscionability of an act or practice is a question for the trier of fact.
(2)With respect to a consumer credit transaction, if the trier of fact finds:
(a)The agreement was unconscionable at the time it was made, or was induced by unconscionable conduct, the court may refuse to enforce the agreement; or
(b)any clause of the agreement was unconscionable at the time it was made, the court may refuse to enforce the agreement, may enforce the remainder of the agreement without the unconscionable clause or may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(3)If it is claimed or appears to the trier of fact that the agreement or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.
(4)A charge or practice expressly permitted by this act shall not be unconscionable.