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Code · Wisconsin · Chapter 425 — Consumer transactions — remedies and penalties

425.107 Unconscionability.

148 words·~1 min read·/wi/chapter-425/425-107-2

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425.107 Unconscionability.
(1)With respect to a consumer credit transaction, if the court as a matter of law finds that any aspect of the transaction, any conduct directed against the customer by a party to the transaction, or any result of the transaction is unconscionable, the court shall, in addition to the remedy and penalty authorized in sub.
(5), either refuse to enforce the transaction against the customer, or so limit the application of any unconscionable aspect or conduct to avoid any unconscionable result.
(2)Specific practices forbidden by the administrator in rules promulgated pursuant to s. 426.108 shall be presumed to be unconscionable.
(3)Without limiting the scope of sub.
(1), the court may consider, among other things, the following as pertinent to the issue of unconscionability:
(a)That the practice unfairly takes advantage of the lack of knowledge, ability, experience or capacity of customers;
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