75-81-119 - Private right of action; remedies; time within which dance studio may correct violations.
§ 75-81-119. Private right of action; remedies; time within which dance studio may correct violations.
(1) Any person who suffers any ascertainable loss of money or property, either real or personal, as a result of fraud, dishonesty or the violation of the provisions of this chapter may bring an action in chancery court to recover actual and/or punitive damages. If the court finds that such a violation was committed, the court may award actual and/or punitive damages. In the event that damages are awarded under this section, the court shall award to the person bringing such action reasonable attorney's fees and costs. Upon a finding by the court that an action under this section was groundless and brought in bad faith or for purposes of harassment, the court may award to the defendant reasonable attorney's fees and costs.
(2) Notwithstanding the provisions of this chapter, any failure to comply with any provisions of this chapter may be corrected within thirty (30) days after the execution of the contract by the buyer, and, if so corrected, neither the seller nor the holder shall be subject to any penalty under this chapter, provided that any correction which increases any monthly payment, the number of payments, or the total amount due, must be concurred in, in writing, by the buyer. "Holder" includes the seller who acquires the contract, or, if the contract is purchased by a financing agency or other assignee, the financing agency or other assignee.
(3) This section shall not be deemed to prohibit the enforcement by any person of any right provided by this or any other law.
Sources: Laws, 1985, ch. 484, § 10, eff from and after July 1, 1985.