12-632

12-632. Unlawful motor vehicle subleasing; civil action; exemption

A. One or more of the following persons who suffer any damage proximately resulting from one or more acts of unlawful subleasing of a motor vehicle pursuant to section 13-3717 may bring an action against the person who has engaged in those acts:

1. A seller or any other secured party under a retail installment contract or a security agreement.

2. A lender under a direct loan agreement.

3. A lessor under a lease contract.

4. A buyer under a retail installment contract.

5. A purchaser under a direct loan agreement, an agreement which provides for a security interest or an agreement which is equivalent to these types of agreements.

6. A lessee under a lease contract.

7. An actual or purported transferee or assignee of any right or interest of a buyer, purchaser or lessee.

B. The court in an action under subsection A of this section may award actual damages, equitable relief, including an injunction and restitution of monies and property, punitive damages, reasonable attorney fees and costs, and any other relief which the court deems proper.

C. The rights and remedies provided in this section are in addition to any other rights and remedies provided by law.

D. This section does not apply to the subleasing of a motor vehicle with a gross weight, as defined in section 28-5431, of more than ten thousand pounds.