§ 19-14.8-35. Private enforcement.
(a) If an individual voids an agreement pursuant to § 19-14.8-25(b), the individual may recover in a civil action all money paid or deposited by, or
on behalf of, the individual pursuant to the agreement, except amounts paid to creditors,
in addition to the recovery under subsections (c)(3) and (c)(4).
(b) If an individual voids an agreement pursuant to § 19-14.8-25(a), the individual may recover in a civil action three (3) times the total amount of
the fees, charges, money, and payments made by the individual to the provider, in
addition to the recovery under subsection (c)(4).
(c) Subject to subsection (d), an individual with respect to whom a provider violates
this chapter may recover in a civil action from the provider and any person that caused
the violation:
(1) Compensatory damages for injury, including noneconomic injury, caused by the violation;
(2) Except as otherwise provided in subsection (d) of this section and subject to adjustment
of the dollar amount pursuant to § 19-14.8-32(f), with respect to a violation of § 19-14.8-17, § 19-14.8-19, § 19-14.8-20, § 19-14.8-21, § 19-14.8-22, § 19-14.8-23, § 19-14.8-24, § 19-14.8-27, or § 19-14.8-28(a), (b), or (d), the greater of the amount recoverable under subsection (c)(1) or five
thousand dollars ($5,000);
(3) Punitive damages; and
(4) Reasonable attorney's fees and costs.
(d) In a class action, except for a violation of § 19-14.8-28(a)(5), the minimum damages provided in subsection (c)(2) do not apply.
(e) In addition to the remedy available under subsection (c), if a provider violates an
individual's rights under § 19-14.8-20, the individual may recover in a civil action all money paid or deposited by or on
behalf of the individual pursuant to the agreement, except for amounts paid to creditors.
(f) A provider is not liable under this section for a violation of this chapter if the
provider proves that the violation was not intentional and resulted from a good-faith
error notwithstanding the maintenance of procedures reasonably adapted to avoid the
error. An error of legal judgment with respect to a provider's obligations under this
chapter is not a good-faith error. If, in connection with a violation, the provider
has received more money than authorized by an agreement or this chapter, the defense
provided by this subsection is not available unless the provider refunds the excess
within two (2) business days of learning of the violation.
(g) The director shall assist an individual in enforcing a judgment against the surety
bond or other security provided under § 19-14.8-13 or § 19-14.8-14.