75-24-173 - Liability of lessors for unintentional violations or bona fide errors; effect of notification and adjustment of errors by lessors.
§ 75-24-173. Liability of lessors for unintentional violations or bona fide errors; effect of notification and adjustment of errors by lessors.
(1) If a lessor establishes by a preponderance of evidence that a violation of Sections 75-24-151 through 75-24-175 was unintentional or the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such errors, no penalty as specified in Section 75-24-171 may be imposed and validity of the transaction is not affected. Examples of bona fide errors are clerical errors, calculation errors, errors due to unintentionally improper computer programming or data entry and printing errors but do not include an error of legal judgment with respect to a lessor's obligations under Sections 75-24-151 through 75-24-175.
(2) A lessor has no liability under this section for any failure to comply with any requirement imposed under Sections 75-24-151 through 75-24-175 if within sixty (60) days after discovering an error, and prior to the institution of an action under Sections 75-24-151 through 75-24-175 or the receipt of written notice of the error from the consumer, the lessor notifies the consumer of the error and makes whatever adjustments in the appropriate account as are necessary to correct the error.
Sources: Laws, 1995, ch. 485, § 12, eff from and after July 1, 1995.