13-11-5. Unconscionable act or practice by supplier.
- (1) An unconscionable act or practice by a supplier in connection with a consumer transaction violates this act whether it occurs before, during, or after the transaction.
- (2) The unconscionability of an act or practice is a question of law for the court. 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 its setting, purpose, and effect to aid the court in making its determination.
- (3) In determining whether an act or practice is unconscionable, the court shall consider circumstances which the supplier knew or had reason to know.
Enacted by Chapter 188, 1973 General Session