13-42-135 - Private enforcement.
13-42-135. Private enforcement.
(1) If an individual voids an agreement pursuant to Subsection 13-42-125(2), theindividual may recover in a civil action all money paid or deposited by or on behalf of theindividual pursuant to the agreement, except amounts paid to creditors, in addition to therecovery under Subsections (3)(c) and (d).
(2) If an individual voids an agreement pursuant to Subsection 13-42-125(1), theindividual may recover in a civil action three times the total amount of the fees, charges, money,and payments made by the individual to the provider, in addition to the recovery underSubsection (3)(d).
(3) Subject to Subsection (4), an individual with respect to whom a provider violates thischapter may recover in a civil action from the provider and any person that caused the violation:
(a) compensatory damages for injury, including noneconomic injury, caused by theviolation;
(b) except as otherwise provided in Subsection (4) and subject to adjustment of the dollaramount pursuant to Subsection 13-42-132(6), with respect to a violation of Section 13-42-117,13-42-119, 13-42-120, 13-42-121, 13-42-122, 13-42-123, 13-42-124, or 13-42-127, orSubsection 13-42-128(1), (2), or (4), the greater of the amount recoverable under Subsection(3)(a) or $5,000;
(c) punitive damages; and
(d) reasonable attorney's fees and costs.
(4) In a class action, except for a violation of Subsection 13-42-128(1)(e), the minimumdamages provided in Subsection (3)(b) do not apply.
(5) In addition to the remedy available under Subsection (3), if a provider violates anindividual's rights under Section 13-42-120, the individual may recover in a civil action allmoney paid or deposited by or on behalf of the individual pursuant to the agreement, except foramounts paid to creditors.
(6) A provider is not liable under this section for a violation of this chapter if theprovider proves that the violation was not intentional and resulted from a good-faith errornotwithstanding the maintenance of procedures reasonably adapted to avoid the error. An errorof legal judgment with respect to a provider's obligations under this chapter is not a good-faitherror. If, in connection with a violation, the provider has received more money than authorizedby an agreement or this chapter, the defense provided by this Subsection (6) is not availableunless the provider refunds the excess within two business days of learning of the violation.
(7) The administrator shall assist an individual in enforcing a judgment against the suretybond or other security provided under Section 13-42-113 or 13-42-114.
Enacted by Chapter 154, 2006 General Session