RCW 63.14.136
Retail installment transaction—Unconscionable—Judicial action.
(1) With respect to a retail installment transaction, as defined in *RCW 63.14.010(8), if the court as a matter of law finds the agreement or contract, or any clause in the agreement or contract, to have been unconscionable at the time it was made, the court may refuse to enforce the agreement or contract, may enforce the remainder of the agreement or contract, or may limit the application of any unconscionable clause to avoid an unconscionable result.
(2) If it is claimed or it appears to the court that the agreement or contract, or any clause in the agreement or contract, may be unconscionable, the parties shall be given a reasonable opportunity to present evidence as to its setting, purpose, and effect to assist the court in making a determination regarding unconscionability.
(3) For the purpose of this section, a charge or practice expressly permitted by this chapter is not in itself unconscionable.
[ 1995 c 249 § 4.]
NOTES:
*Reviser's note: RCW 63.14.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (8) to subsection (12).
Structure Revised Code of Washington
Chapter 63.14 - Retail Installment Sales of Goods and Services.
63.14.030 - Retail installment contracts—Delivery to buyer of copy—Acknowledgment of delivery.
63.14.040 - Retail installment contracts—Contents.
63.14.043 - Retail installment contracts—Purchase of motor vehicle—Secondary products.
63.14.060 - Retail installment contracts—Mail orders based on catalog or other printed solicitation.
63.14.110 - Consolidation of subsequent purchases with previous contract.
63.14.123 - Restrictions on electronically printed credit and debit card receipts.
63.14.125 - Lender credit card agreements—Security interests prohibited.
63.14.127 - Retail installment contracts—Dog or cat as security interest.
63.14.136 - Retail installment transaction—Unconscionable—Judicial action.
63.14.145 - Retail installment contracts and charge agreements—Sale, transfer, or assignment.
63.14.152 - Declaratory judgment action to establish if service charge is excessive.
63.14.154 - Cancellation of transaction by buyer—Procedure.
63.14.156 - Extension or deferment of payments—Agreement, charges.
63.14.158 - Refinancing agreements—Costs—Contents.
63.14.159 - New payment schedule—When authorized.
63.14.160 - Conduct or agreement of buyer does not waive remedies.
63.14.170 - Violations—Penalties.
63.14.175 - Violations—Remedies.
63.14.190 - Restraint of violations.
63.14.200 - Assurance of discontinuance of unlawful practices.
63.14.210 - Violation of order or injunction—Penalty.
63.14.903 - Application, saving—1981 c 77.
63.14.910 - Saving—1963 c 236.
63.14.920 - Effective date—1963 c 236.
63.14.921 - Effective date—Saving—1967 c 234.
63.14.922 - Effective date—1993 sp.s. c 5.
63.14.924 - Application—1995 c 249.