537.1107 - WAIVER -- AGREEMENT -- SETTLEMENT.

        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.  
         Section History: Early Form
         [C75, 77, 79, 81, § 537.1107]         Referred to in § 537.3403, 537.3404, 537.3405, 537.5110