Title 11, Chapter 2A, Section 108
( 11-2A-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
thereof, 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 shall award reasonable attorney's fees to the
lessee. (b) If the court does not find unconscionability and the lessee
claiming unconscionability has brought or maintained an action he
knew to be groundless, the court shall award reasonable attorney's
fees 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. |