3050

COUNTY LOCAL LAWS

SERVICING WHEN REQUESTED BY A CONSUMER AND        THE

SUBSEQUENT REPAIR, ALTERATION, MODIFICATION        OF

SERVICING OF ANY ITEM WITHOUT FIRST TENDERING      SAID
ESTIMATE;

(B)    MAKING REPAIRS, ALTERATIONS,

MODIFICATIONS OR SERVICING EXCEEDING BY TWENTY-FIVE
PERCENT (25%) OR MORE THE PRICE QUOTED IN A WRITTEN
ESTIMATE WITHOUT PRIOR APPROVAL OF A CONSUMER;

(C)    FAILURE TO REASSEMBLE OR

RESTORE AN ELECTRICAL OR MECHANICAL APPARATUS,
APPLIANCE, CHATTEL OR OTHER GOODS OR MERCHANDISE TO
ITS TENDERED CONDITION UNLESS A SERVICE OR LABOR
CHARGE IS PAID WITHOUT NOTIFICATION PRIOR TO RECEIVING
THE TENDERED ITEM OF SAID SERVICE OR LABOR CHARGE;

(D) FAILING TO SUPPLY TO A CONSUMER

A COPY OF A SALES OR SERVICE CONTRACT, LEASE,
PROMISSORY NOTE, TRUST AGREEMENT OR OTHER EVIDENCE OF
INDEBTEDNESS WHICH THAT PERSON MAY EXECUTE;

(E) MAKING OR ENFORCING

UNCONSCIONABLE TERMS OR PROVISIONS OF SALES OR LEASES.
IN APPLYING THIS SUBSECTION, CONSIDERATION SHALL BE
GIVEN TO ANY OF THE FOLLOWING FACTORS:

(1)    KNOWLEDGE BY THE MERCHANT

AT THE TIME CREDIT SALES ARE CONSUMMATED THAT THERE
WAS NO REASONABLE PROBABILITY OF PAYMENT IN FULL OF
THE OBLIGATION BY THE CONSUMER.

(2)    KNOWLEDGE BY THE MERCHANT

AT THE TIME OF THE SALE OR LEASE OF THE INABILITY OF
THE CONSUMER TO RECEIVE SUBSTANTIAL BENEFITS FROM THE
PROPERTY OR SERVICES SOLD OR LEASED.

(3)    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 TRANSACTIONS BY LIKE BUYERS OR
LESSEES.

(4)    THE FACT THAT THE

MERCHANT CONTRACTED FOR OR RECEIVED SEPARATE CHARGES
FOR INSURANCE WITH RESPECT TO CREDIT SALES WITH THE
EFFECT OF MAKING THE SALES, CONSIDERED AS A WHOLE,
UNCONSCIONABLE.