(1) The administrator may bring a civil action to restrain a person to whom this title applies from engaging in a course of:
(a) making or enforcing unconscionable terms or provisions of consumer credit transactions;
(b) fraudulent or unconscionable conduct in inducing consumers to enter into consumer credit transactions;
(c) conduct of any of the types specified in item (a) or (b) with respect to transactions that give rise to or that lead persons to believe will give rise to consumer credit transactions; or
(d) fraudulent or unconscionable conduct in the collection of debts arising from consumer credit transactions.
(2) In an action brought pursuant to this section the court may grant relief only if it finds:
(a) that the respondent has made unconscionable agreements or has engaged or is likely to engage in a course of fraudulent or unconscionable conduct;
(b) that the respondent's agreements have caused or are likely to cause or the conduct of the respondent has caused or is likely to cause injury to consumers or debtors; and
(c) that the respondent has been able to cause or will be able to cause the injury primarily because the transactions involved are credit transactions.
(3) In applying subsection (1)(a), (b), and (c), consideration shall be given to each of the factors specified in the provisions on unconscionability with respect to a transaction that is, gives rise to, or that a person leads the debtor to believe will give rise to, a consumer credit transaction (subsection (2) of Section 37-5-108), among others.
(4) In an action brought pursuant to this section, a charge or practice expressly permitted by law is not in itself unconscionable.
HISTORY: 1962 Code Section 8-800.381; 1974 (58) 2879; 1976 Act No. 686 Section 47; 2001 Act No. 82, Section 3, eff July 20, 2001.