§ 40-14-611 — Injunctions against unconscionable agreements and fraudulent or unconscionable conduct

(a) The administrator may bring a civil action to restrain
a creditor or a person acting in his behalf from engaging in a
course of:
(i) Making or enforcing unconscionable terms or
provisions of consumer credit sales, consumer leases, or
consumer loans;
(ii) Fraudulent or unconscionable conduct in inducing
debtors to enter into consumer credit sales, consumer leases, or
consumer loans; or
(iii) Fraudulent or unconscionable conduct in the
collection of debts arising from consumer credit sales, consumer
leases, or consumer loans.
(b) In an action brought pursuant to this section the
court may grant relief only if it finds:
(i) That the respondent has made unconscionable
agreements or has engaged or is likely to engage in a course of
fraudulent or unconscionable conduct;
(ii) That the agreements or conduct of the respondent
has caused or is likely to cause injury to consumers; and
(iii) That the respondent has been able to cause or
will be able to cause the injury primarily because the
transactions involved are credit transactions.
(c) In applying this section, consideration shall be given
to each of the following factors, among others:
(i) Belief by the creditor at the time consumer
credit sales, consumer leases, or consumer loans are made that
there was no reasonable probability of payment in full of the
obligation by the debtor;
(ii) In the case of consumer credit sales or consumer
leases, knowledge by the seller or lessor at the time of the
sale or lease of the inability of the buyer or lessee to receive
substantial benefits from the property or services sold or
leased;
(iii) In the case of consumer credit sales or
consumer leases, gross disparity between the price of the
property or services sold or leased and the value of the
property or services measured by the price at which similar
property or services are readily obtainable in credit
transactions by like buyers or lessees;
(iv) The fact that the creditor contracted for or
received separate charges for insurance with respect to consumer
credit sales or consumer loans with the effect of making the
sales or loans, considered as a whole, unconscionable; and
(v) The fact that the respondent has knowingly taken
advantage of the inability of the debtor reasonably to protect
his interests by reason of physical or mental infirmities,
ignorance, illiteracy or inability to understand the language of
the agreement, or similar factors.
(d) In an action brought pursuant to this section, a
charge or practice expressly permitted by this act is not in
itself unconscionable.