                                 CODE OF VIRGINIA

UNCONSCIONABILITY (§ 8.2A-108)

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 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.

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 or that unconscionable conduct has occurred in the
collection of a claim arising from a lease contract, the court may grant
appropriate 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, 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.

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) of this
   section, the court shall award reasonable attorney&#8217;s fees to the lessee.

   b. If the court does not find unconscionability and the lessee claiming
   unconscionability has brought or maintained an action he or she knew to be
   groundless, the court shall award reasonable attorney&#8217;s fees to the
   party against whom the claim is made.

   c. In determining attorney&#8217;s fees, the amount of the recovery on behalf
   of the claimant under subsections (1) and (2) of this section is not
   controlling.

HISTORY: 1991, c. 536.