§ 6-44-9 - Enforcement.
SECTION 6-44-9
§ 6-44-9 Enforcement. – (a) A lessee who has suffered a loss due to a violation of this chapter by alessor is entitled to recover from the lessor actual damages, reasonableattorney's fees, and court costs.
(b) A lessor shall not be held liable in any action broughtunder this section if he or she shows by a preponderance of the evidence thatthe violation was not intentional and resulted from a bona fide error,notwithstanding the maintenance of procedures reasonably adopted to avoid anyerror. A bona fide error shall include, but shall not be limited to, clerical,calculation, computer malfunction, and programming and printing errors;provided, that an error of legal judgment with respect to a person'sobligations under this chapter shall not be a bona fide error.
(c) A lessor shall not be deemed liable under this chapterfor a violation of the provisions of § 6-44-3 if within sixty (60) daysafter discovering the error and before an action is filed in accordance withthe provisions of this section or written notice of the error is received fromthe consumer, the lessor notifies the consumer of the error and makes whateveradjustments in the account necessary to assure that the consumer shall not berequired to pay an amount in excess of the amounts actually disclosed. Thisprovision shall apply whether the discovery of the error was made through thelessor's own procedures or otherwise.
(d) An action shall not be brought under this chapter morethan one year after the occurrence of the act, method, or practice which is thesubject of the action, or more than one year after the last payment in atransaction involving the method, act, or practice which is the subject of theaction, whichever is later.