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Kentucky · Snapshot 09/05/2026

KRS 355.2A-108: Unconscionability.

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    (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 con tract 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 subsecti on (1) or (2), the court,

    on its own motion or that of 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), the court shall

    award reasonable attorney's fees to the lessee.

    (b) If the court does not find unconscionability, t he court may award 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.

    Collected 2026-09-05T20:58:43Z. Source file · JSON

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