- (1) A supplier that commits an unconscionable act or practice in connection with a consumer transaction violates this chapter whether the unconscionable act or practice occurs before, during, or after the transaction.
(2)
- (a) The unconscionability of an act or practice is a question of law for a court with jurisdiction.
- (b) If it is claimed or appears to the court that an act or practice may be unconscionable, the parties shall be given a reasonable opportunity to present evidence as to the act or practice's setting, purpose, and effect to aid the court in making the court's determination.
- (3) In determining whether an act or practice is unconscionable, the court shall consider the circumstances that the supplier knew or had reason to know.
Amended by Chapter 442, 2025 General Session