(810 ILCS 5/2A-108)
(from Ch. 26, par. 2A-108)
(1) If the court as a matter of law finds a lease contract
or any clause of a lease contract to have been unconscionable at
the time it was made, the court may refuse to enforce the lease
contract, or it may enforce the remainder of the lease contract
without the unconscionable clause, or it may so limit the
application of any unconscionable clause as to avoid any
(2) With respect to a consumer lease, if the court as a
matter of law finds that a lease contract or any clause of a lease
contract has been induced by unconscionable conduct or that
unconscionable conduct has occurred in the collection of a claim
arising from a lease contract, the court may grant appropriate
(3) Before making a finding of unconscionability under
subsection (1) or (2), the court, on its own motion or that of a
party, shall afford the parties a reasonable opportunity to
present evidence as to the setting, purpose, and effect of the
lease contract or clause thereof, or of the conduct.
(4) In an action in which the lessee claims
unconscionability with respect to a consumer lease:
(a) If the court finds unconscionability under
subsection (1) or (2), the court shall award reasonable attorney's fees to the lessee.
(b) If the court does not find unconscionability and
the lessee claiming unconscionability has brought or maintained an action he or she knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made.
(c) In determining attorney's fees, the amount of the
recovery on behalf of the claimant under subsections (1) and (2) is not controlling.
(Source: P.A. 87-493.)