West Virginia Code § 46-2A-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. e
(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 culaim arising from a lease
contract, the court may grant appropriate relief.
(3) Before making a finding of unconscionability under subsection (1) or (2), 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. l
(4) In an action in which the lessee claims unconscionability with respect to a consumer
lease: i
(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 and the lessee claiming unconscionability has
brought or maintained an action he or she knew to be groundless, the court shall award
reasonable attorney's fees to the party against whom the claim is made.
(c) In determiVning attorney's fees, the amount of the recovery on behalf of the claimant
under subsections (1) and (2) is not controlling.

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