63.14.136 - Retail installment transaction -- Unconscionable -- Judicial action. - Washington Statutes

Retail installment transaction — Unconscionable — Judicial action.

(1) With respect to a retail installment transaction, as defined in *RCW 63.14.010(8), if the court as a matter of law finds the agreement or contract, or any clause in the agreement or contract, to have been unconscionable at the time it was made, the court may refuse to enforce the agreement or contract, may enforce the remainder of the agreement or contract, or may limit the application of any unconscionable clause to avoid an unconscionable result.

     (2) If it is claimed or it appears to the court that the agreement or contract, or any clause in the agreement or contract, may be unconscionable, the parties shall be given a reasonable opportunity to present evidence as to its setting, purpose, and effect to assist the court in making a determination regarding unconscionability.

     (3) For the purpose of this section, a charge or practice expressly permitted by this chapter is not in itself unconscionable.

[1995 c 249 § 4.]

Notes: *Reviser's note: RCW 63.14.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (8) to subsection (12).