{"data":{"id":"us-ok/okla.-stat.-tit.-12a-12a-2a-108","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12A, § 12A-2A-108","heading":"Unconscionability","body":"UNCONSCIONABILITY\n\n(1) If the court as a matter of law finds a lease contract or\n\nany clause of a lease contract to have been unconscionable at the\n\ntime it was made the court may refuse to enforce the lease contract,\n\nor it may enforce the remainder of the lease contract without the\n\nunconscionable clause, or it may so limit the application of any\n\nunconscionable clause as to avoid any unconscionable result.\n\n(2) With respect to a consumer lease, if the court as a matter\n\nof law finds that a lease contract or any clause of a lease contract\n\nhas been induced by unconscionable conduct or that unconscionable\n\nconduct has occurred in the collection of a claim arising from a\n\nlease contract, the court may grant appropriate relief.\n\n(3) Before making a finding of unconscionability under\n\nsubsection (1) or (2) of this section, the court, on its own motion\n\nor that of a party, shall afford the parties a reasonable\n\nopportunity to present evidence as to the setting, purpose, and\n\neffect of the lease contract or clause thereof, or of the conduct.\n\n(4) In an action in which the lessee claims unconscionability\n\nwith respect to a consumer lease:\n\n(a) If the court finds unconscionability under\n\nsubsection (1) or (2) of this section, the court shall award\n\nreasonable attorney's fees to the lessee.\n\n(b) If the court does not find unconscionability and\n\nthe lessee claiming unconscionability has brought or maintained an\n\naction he knew to be groundless, the court shall award reasonable\n\nattorney's fees to the party against whom the claim is made.\n\n(c) In determining attorney's fees, the amount of\n\nthe recovery on behalf of the claimant under subsections (1) and (2)\n\nof this section is not controlling.","path":["OK Code","Title 12A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1ef8f2a9d06eeef308258026360ce7e1359d3f651d3ddcbe1b00aef29704ec66","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12a-12a-2a-107","next":"us-ok/okla.-stat.-tit.-12a-12a-2a-109"},"notice":"GroundRules: Original legal text. Not legal advice."}