8.2A-108 - A-108. Unconscionability. - Virginia Statutes

§ 8.2A-108. Unconscionability.

(1) If the court as a matter of law finds a lease contract or any clause of alease contract to have been unconscionable at the time it was made, the courtmay refuse to enforce the lease contract, or it may enforce the remainder ofthe lease contract without the unconscionable clause, or it may so limit theapplication of any unconscionable clause as to avoid any unconscionableresult.

(2) With respect to a consumer lease, if the court as a matter of law findsthat a lease contract or any clause of a lease contract has been induced byunconscionable conduct or that unconscionable conduct has occurred in thecollection of a claim arising from a lease contract, the court may grantappropriate relief.

(3) Before making a finding of unconscionability under subsection (1) or (2)of this section, the court, on its own motion or that of a party, shallafford the parties a reasonable opportunity to present evidence as to thesetting, purpose, and effect of the lease contract or clause thereof, or ofthe conduct.

(4) In an action in which the lessee claims unconscionability with respect toa consumer lease:

(a) If the court finds unconscionability under subsection (1) or (2) of thissection, the court shall award reasonable attorney's fees to the lessee.

(b) If the court does not find unconscionability and the lessee claimingunconscionability has brought or maintained an action he or she knew to begroundless, the court shall award reasonable attorney's fees to the partyagainst whom the claim is made.

(c) In determining attorney's fees, the amount of the recovery on behalf ofthe claimant under subsections (1) and (2) of this section is not controlling.

(1991, c. 536.)