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Unconscionability - 13 Pa. Cons. Stat. § 2A108

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     § 2A108.  Unconscionability.
        (a)  Unconscionable lease.--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.
        (b)  Unconscionable conduct.--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.
        (c)  Evidence by parties.--Before making a finding of
     unconscionability under subsection (a) or (b), 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.
        (d)  Award of attorney fees.--In an action in which the
     lessee claims unconscionability with respect to a consumer
     lease:
            (1)  If the court finds unconscionability under
        subsection (a) or (b), the court shall award reasonable
        attorney fees to the lessee.
            (2)  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 fees to the party against whom the claim
        is made.
            (3)  In determining attorney fees, the amount of the
        recovery on behalf of the claimant under subsections (a) and
        (b) is not controlling.
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Last modified: November 27, 2007