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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 12A, § 12A-2A-108: Unconscionability

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Where this section sits in the code
  1. OK Code
  2. Title 12A

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 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'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 knew to be groundless, the court shall 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)

of this section is not controlling.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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