{"data":{"id":"us-ky/krs-355.2a-108","jurisdiction":"us-ky","citation":"KRS 355.2A-108","heading":"Unconscionability.","body":"(1) If the court as a matter of law finds a lease contract or any clause of a lease contract\nto have been unconscionable at the time it was made, the court may refuse to\nenforce the lease contract, or it may enforce the remainder of the lease contract\nwithout the unconscionable clause, or it may so limit the application of any\nunconscionable clause as to avoid any unconscionable result.\n(2) With respect to a consumer lease, if the court as a matter of law finds that a lease\ncontract or any clause of a lease con tract has been induced by unconscionable\nconduct or that unconscionable conduct has occurred in the collection of a claim\narising from a lease contract, the court may grant appropriate relief.\n(3) Before making a finding of unconscionability under subsecti on (1) or (2), the court,\non its own motion or that of party, shall afford the parties a reasonable opportunity\nto present evidence as to the setting, purpose, and effect of the lease contract or\nclause thereof, or of the conduct.\n(4) In an action in which the lessee claims unconscionability with respect to a consumer\nlease:\n(a) If the court finds unconscionability under subsection (1) or (2), the court shall\naward reasonable attorney's fees to the lessee.\n(b) If the court does not find unconscionability, t he court may award reasonable\nattorney's fees to the party against whom the claim is made.\n(c) In determining attorney's fees, the amount of the recovery on behalf of the\nclaimant under subsections (1) and (2) is not controlling.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33355","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:43Z","sha256":"2364c57335270007e722153c1be21b1de08ccca2550c344216dc0094a52df917","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.2a-107","next":"us-ky/krs-355.2a-109"},"notice":"GroundRules: Original legal text. Not legal advice."}