§ 25A-44. Remedies and penalties.
§25A‑44. Remedies and penalties.
In addition to remedieshereinbefore provided, the following remedies shall apply to consumer creditsales:
(1) In the event that aconsumer credit sale contract requires the payment of a finance charge notmore than two times in excess of that permitted by this Chapter, the seller oran assignee of the seller shall not be permitted to recover any finance chargeunder that contract and, in addition, the seller shall be liable to the buyerin an amount that is two times the amount of any finance charge that has beenreceived by the seller, plus reasonable attorney's fees incurred by the buyeras determined by the court. However, if the requirement of an excess chargeresults from an accidental or good faith error, the seller shall be liable onlyfor the amount by which the finance charge exceeds the rates permitted by thisChapter.
(2) In the event that aconsumer credit sale contract requires the payment of a finance charge morethan two times that permitted by this Chapter, the contract shall be void. Thebuyer may, at his option, retain without any liability any goods deliveredunder such a contract and the seller or an assignee of the rights shall not beentitled to recover anything under such contract.
(3) In the event theseller or an assignee of the seller (i) shall fail to make any rebate requiredby G.S. 25A‑32 or G.S. 25A‑36, (ii) shall charge and receive feesor charges in excess of those specifically authorized by this Chapter, or (iii)shall charge and receive sums not authorized by this Chapter, the buyer shallbe entitled to demand and receive the rebate due and excessive or unauthorizedcharges. Ten days after receiving written request therefor, the seller shall beliable to the buyer for an amount equal to three times the sum of any rebatedue and all improper charges which have not been rebated or refunded within the10‑day period.
(4) The knowing andwillful violation of any provision of this Chapter shall constitute an unfairtrade practice under G.S. 75‑1.1.
(5) Any buyer injured byany violation of G.S. 25A‑2(e) may bring an action for recovery ofdamages, including reasonable attorney's fees. (1971, c. 796, s. 1; 1983, c.686, s. 4.)