§ 4-92-103 — Liability of lessor

(a) A consumer damaged by a violation of this chapter by a lessor is entitled to recover from the lessor: (1) Actual damages; (2) Twenty-five percent (25%) of an amount equal to the total amount of payments required to obtain ownership of the merchandise involved. However, the amount recovered under this subdivision (a)(2) may not be less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); and (3) Reasonable attorney's fees not to exceed fifteen percent (15%) of the consumer's allowable recovery and court costs. (b) (1) Any execution or enforcement of a rental-purchase agreement in violation of this chapter or any other violation of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this chapter.

Legislative History

Acts 1987, No. 490, § 8; 1993, No. 1050, § 1.