727.04 UNCONSCIONABLE ACTS OR PRACTICES.

   No supplier shall commit an unconscionable act or practice in connection with a consumer transaction. Such an unconscionable act or practice by a supplier violates this section whether it occurs before, during or after the transaction.

   In determining whether an act or practice is unconscionable, the following circumstances shall be taken into consideration:

   (a)   Whether the supplier has knowingly taken advantage of the inability of the consumer reasonably to protect his interests because of his physical or mental infirmities, ignorance, illiteracy or inability to understand the language of an agreement;

   (b)   Whether the supplier knew at the time the consumer transaction was entered into that the price was substantially in excess of the price at which similar property or services were readily obtainable in similar consumer transactions by like consumers;

   (c)   Whether the supplier knew at the time the consumer transaction was entered into of the inability of the consumer to receive a substantial benefit from the subject of the consumer transaction;

   (d)   Whether the supplier knew at the time the consumer transaction was entered into that there was no reasonable probability of payment of the obligation in full by the consumer;

   (e)   Whether the supplier required the consumer to enter into a consumer transaction on terms the supplier knew were substantially one-sided in favor of the supplier;

   (f)   Whether the supplier knowingly made a misleading statement of opinion on which the consumer was likely to rely to his detriment.

      (Ord. 89127. Passed 4-2-75.)