537.1107 Waiver — agreement — settlement.
1. Except in settlement of a bona fide dispute, a consumer may not waive or agree to forego rights or benefits under this Act.
2. A claim by a consumer against a creditor relating to an excess charge, any other civil violation of this chapter, or a civil penalty, or a claim by a creditor against a consumer for default or breach of a civil duty imposed by this chapter, may be settled by agreement if the claim is disputed in good faith.
3. A claim against a consumer, whether or not disputed, may be settled for less value than the amount claimed.
4. A settlement in which the consumer waives or agrees to forego rights or benefits under this chapter is invalid if the court as a matter of law finds the settlement to have been unconscionable at the time it was made. The competence of the consumer, any deception or coercion practiced upon the consumer, the nature and extent of the legal advice received by the consumer, and the value of the consideration may be considered, among other factors, with respect to the issue of unconscionability.
[C75, 77, 79, 81, §537.1107]
Referred to in §537.3403, 537.3404, 537.3405, 537.5110
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