554.13108 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 leasecontract, or it may enforce the remainder of the lease contract without the unconscionableclause, or it may so limit the application of any unconscionable clause as to avoid anyunconscionable 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 orthat unconscionable conduct has occurred in the collection of a claim arising from a leasecontract, 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 presentevidence as to the setting, 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 to a consumer lease: a. nce as to the setting, 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 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 that the lessee knew to be groundless, the court shallaward 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. 94 Acts, ch 1052, §12 Sat Dec 23 11:03:05 2023 Iowa Code 2024, Section 554.13108 (25, 0)
Iowa Legal Code