§ 5-21-113 — Civil actions by the administrator

(1) The administrator may bring
a civil action against a mortgage servicer or any other person for any violations of
this article 21. An action may relate to transactions with more than one individual.
The court may order a mortgage servicer to refund to individuals overcharges or
other damages suffered by the borrower collected in violation of this article 21 and
may also assess civil penalties against the mortgage servicer as set forth in section
5-21-110. If the administrator prevails in an action brought under this section, the
administrator may recover reasonable costs in investigating and bringing the action
and may recover reasonable attorney fees. When determining whether to seek civil
penalties under this section, the administrator shall consider whether the federal
consumer financial protection bureau has imposed civil penalties on the same
servicer for the same violation and any other mitigating factors, in order to avoid
duplicative civil penalties. If the federal consumer financial protection bureau has
been awarded and paid civil penalties based on a particular act or omission or a
series of acts or omissions, civil penalties under section 5-21-110 that are based on
the same acts or omissions are reduced by the same amount or to one thousand five
hundred dollars per violation, whichever is less. The administrator shall, to the
extent possible, coordinate with the federal consumer financial protection bureau
before taking action in order to avoid duplication of investigations and penalties,
unless the administrator's investigation or penalties relate to acts or omissions
separate from the federal consumer financial protection bureau activities.

(2) Nothing in this article 21:

(a) Creates a private right of action; or

(b) Affects any remedy that a borrower may have pursuant to law other than
this article 21.

Legislative History

Source: L. 2021: Entire article added, (HB 21-1282), ch. 482, p. 3442, � 1, effective January 1, 2022.