44-6811
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44-6811. Enforcement; penalties A. A lessor who fails to comply with the requirements of this chapter is liable to the consumer damaged by the lessor's failure to comply: 1. In an amount equal to the greater of either: (a) The actual damages sustained by the consumer as a result of the lessor's failure to comply with this chapter. (b) Twenty-five per cent of the total of payments necessary to acquire ownership, but at least one hundred dollars and not more than one thousand dollars. 2. For court costs and expenses and reasonable attorney fees as determined by the court. B. A consumer shall not take any action to offset the amount for which a lessor is potentially liable under subsection A against any amount owed by the consumer, unless the amount of the lessor's liability has been determined by judgment in an action in which the lessor was a party. This subsection does not bar a consumer in default on an obligation from asserting a violation of this chapter as an original action or as a defense or counterclaim to an action brought by a lessor against the consumer. C. The rights and remedies prescribed under this section are cumulative with any other rights or remedies available in this state. D. A consumer or lessor shall not bring an action under this chapter more than two years after the date the consumer made the consumer's last rental payment or more than two years after the date of the occurrence of the violation that is the subject of the suit, whichever is later. E. A violation of this chapter constitutes an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title. |