§ 5-10-902 — Remedies of lessee

(1) In case of a violation by a lessor of any
provision of this article with respect to any rental purchase agreement, the lessee
in such agreement may bring a suit in any court of competent jurisdiction to recover
from such lessor or may set off or counterclaim in any action by such lessor actual
damages. If the court finds that any such violation has occurred, it shall award a
minimum recovery of two hundred fifty dollars or twenty-five percent of the total
cost to acquire ownership under the rental purchase agreement, whichever is
greater.

(2) The remedies specified in subsection (1) of this section are in addition to,
and not in limitation of, any other remedies provided by law.

(3) In any action brought pursuant to this section, the court shall award the
prevailing party the costs of the action and a reasonable attorney fee.

Legislative History

Source: L. 90: Entire article added, p. 377, � 1, effective January 1, 1991.