§ 5-79-6 - Remedies.
SECTION 5-79-6
§ 5-79-6 Remedies. – (a) Any violation of §§ 5-79-1 – 5-79-9 is considered to be aviolation of § 6-13.1-2, and all remedies of § 6-13.1-5.2 areavailable for such an action. A private cause of action under § 6-13.1-5.2by a foreclosed homeowner is in the public interest. An owner may bring anaction against a foreclosure consultant for any violation of §§5-79-1 – 5-79-9. Any judgment against the mortgage foreclosure consultantshall include actual damages, reasonable attorney fees and costs, andappropriate equitable relief.
(b) The court may award punitive damages up to one and onehalf (1 1/2) times the compensation charged by the foreclosure consultant ifthe court finds that the foreclosure consultant violated the provisions ofsubsections 5-79-4(1), (2) or (4), and the foreclosure consultant's conduct wasin bad faith.
(c) The rights and remedies provided in paragraph (a) arecumulative to, and not a limitation of, any other rights and remedies providedby law.
(d) Any action brought pursuant to this section must becommenced within four (4) years from the date of the alleged violation.
(e) Notwithstanding any other provision of this section, noaction may be brought on the basis of a violation of §§ 5-79-1 –5-79-9, except by an owner against whom the violation was committed or by thedepartment of attorney general.