§ 51-24-08 — Other remedies - Penalties

North Dakota § 51-24-08

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-24: Assistive Technology Device Warranties

Text

1. This chapter does not limit rights or remedies available to a consumer under any other
law or contract.
2. Any waiver of rights by a consumer under this chapter, any waiver of the implied
warranty of merchantability for an assistive technology device, and any waiver of the
implied warranty of fitness for a particular purpose for an assistive technology device is
void.
3. In addition to pursuing any other remedy, a consumer may bring an action to recover
for any damages caused by a violation of this chapter. The court shall award a
consumer who prevails in an action to recover damages caused by a violation of this
chapter twice the amount of any pecuniary loss together with costs, disbursements,
reasonable attorney's fees, and any equitable relief that the court finds appropriate.
4. Any right to bring a class action under this chapter is properly regulated by the
judiciary. The supreme court, acting in its rulemaking capacity or otherwise, has full
authority under the Constitution of North Dakota to regulate class actions.