47-18-5537 - Statute of limitations. [Effective July 1, 2010.]
47-18-5537. Statute of limitations. [Effective July 1, 2010.]
(a) An action or proceeding brought pursuant to § 47-18-5533(a), (b) or (c) must be commenced within four (4) years after the conduct that is the basis of the administrator's complaint.
(b) An action brought pursuant to § 47-18-5535 must be commenced within two (2) years after the latest of:
(1) The individual's last transmission of money to a provider;
(2) The individual's last transmission of money to a creditor at the direction of the provider;
(3) The provider's last disbursement to a creditor of the individual;
(4) The provider's last accounting to the individual pursuant to § 47-18-5527(a);
(5) The date on which the individual discovered or reasonably should have discovered the facts giving rise to the individual's claim; or
(6) Termination of actions or proceedings by the administrator with respect to a violation of the part.
(c) The period prescribed in subdivision (b)(5) is tolled during any period during which the provider or, if different, the defendant has materially and willfully misrepresented information required by this part to be disclosed to the individual, if the information so misrepresented is material to the establishment of the liability of the defendant under this part.
[Acts 2009, ch. 469, § 1.]