(1) A supplier shall not use physical force, coercion, undue influence, pressure or harassment, unfair tactics or any other conduct, in connection with —
(a) the marketing of any goods or service;
(b) the supply of goods or service to a consumer;
(c) the negotiation, conclusion, execution or enforcement of a consumer agreement to supply any goods or service to a consumer;
(d) the demand for, or collection of, payment for goods or service by a consumer; or
(e) the recovery of goods from a consumer.
(2) Without prejudice to subsection (1), it is unconscionable for a supplier to take advantage of the fact that a consumer was substantially unable to protect his or her own interests because of disability, illiteracy, ignorance, inability to understand the language of a consumer agreement, or any other similar factor.
(3) In determining whether a representation is unconscionable, there may be taken into account that the person making the representation or the employer of the person or principal knows or ought to know that —
(a) the consumer is not reasonably able to protect his or her interests due to disability, ignorance, illiteracy, inability to understand the language of a consumer agreement or similar factors;
(b) the price grossly exceeds the price at which similar goods or services are readily available to like consumers;
(c) the consumer is unable to receive a substantial benefit from the subject matter of the representation;
(d) there is no reasonable probability of payment of the obligation in full by the consumer;
(e) the terms of the consumer agreement are so adverse to the consumer as to be inequitable;
(f) a statement of opinion is misleading and the consumer is likely to rely on it to his or her detriment; or
(g) the consumer is being subjected to undue pressure to enter into a consumer agreement.
(4) A consumer agreement concluded on the basis of an unconscionable conduct is unenforceable at the option of the consumer.
(5) A supplier who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.