(1) For the purposes of this section:
(a) “Consumer” means an individual who is purchasing goods or services for personal, family or household purposes.
(b) “Consumer contract” means a contract entered into by a consumer for the purchase of goods or services for personal, family or household purposes, in which the total cost of the purchase is $15,000 or less.
(2) A consumer may revoke a provision in a consumer contract that requires the consumer to assert a claim against the other party to the contract, or respond to a claim by the other party to the contract, in a forum that is not in this state. If the provision requires arbitration in a forum that is not in this state, the sole effect of a revocation under this section is that any evidentiary hearing, oral argument or other proceeding that requires or allows attendance by the consumer must be conducted in this state.
(3) Revocation of a provision under this section must be made in writing and communicated by the consumer to the other party within a reasonable time after a dispute arises.
(4) This section applies only to a consumer contract that was entered into by a consumer when the consumer was a resident of this state.
(5) A party seeking to enforce a revoked provision is liable for reasonable attorney fees incurred by a consumer in any litigation that results from the attempted enforcement of the revoked provision. [2007 c.890 §1]
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Section: Previous 81.010 81.020 81.030 81.100 81.102 81.105 81.110 81.112 81.115 81.120 81.125 81.130 81.135 81.150Last modified: August 7, 2008