§ 19-14.8-35 - Private enforcement.
SECTION 19-14.8-35
§ 19-14.8-35 Private enforcement. –(a) If an individual voids an agreement pursuant to subsection 19-14.8-25(b),the individual may recover in a civil action all money paid or deposited by oron behalf of the individual pursuant to the agreement, except amounts paid tocreditors, in addition to the recovery under subsection (c)(3) and (c)(4) ofthis section.
(b) If an individual voids an agreement pursuant tosubsection 19-14.8-25(a), the individual may recover in a civil action three(3) times the total amount of the fees, charges, money, and payments made bythe individual to the provider, in addition to the recovery under subsection(c)(4) of this section.
(c) Subject to subsection (d) of this section, an individualwith respect to whom a provider violates this chapter may recover in a civilaction from the provider and any person that caused the violation:
(1) Compensatory damages for injury, including noneconomicinjury, caused by the violation;
(2) Except as otherwise provided in subsection (d) of thissection and subject to adjustment of the dollar amount pursuant to subsection19-14.8-32(f), with respect to a violation of § 19-14.8-17, 19-14.8-19,19-14.8-20, 19-14.8-21, 19-14.8-22, 19-14.8-23, 19-14.8-24, 19-14.8-27, orsubsection 19-14.8-28(a), (b), or (d), the greater of the amount recoverableunder paragraph (1) or five thousand dollars ($5,000);
(3) Punitive damages; and
(4) Reasonable attorney's fees and costs.
(d) In a class action, except for a violation of subdivision19-14.8-28(a)(5), the minimum damages provided in subsection (c)(2) of thissection do not apply.
(e) In addition to the remedy available under subsection (c)of this section, if a provider violates an individual's rights under §19-14.8-20, the individual may recover in a civil action all money paid ordeposited by or on behalf of the individual pursuant to the agreement, exceptfor amounts paid to creditors.
(f) A provider is not liable under this section for aviolation of this chapter if the provider proves that the violation was notintentional and resulted from a good-faith error notwithstanding themaintenance of procedures reasonably adapted to avoid the error. An error oflegal judgment with respect to a provider's obligations under this chapter isnot a good-faith error. If, in connection with a violation, the provider hasreceived more money than authorized by an agreement or this chapter, thedefense provided by this subsection is not available unless the providerrefunds the excess within two (2) business days of learning of the violation.
(g) The director shall assist an individual in enforcing ajudgment against the surety bond or other security provided under §19-14.8-13 or 19-14.8-14.