§ 37-7-117 — Violations and penalties; civil action by consumer; limitations.

(A) A person who violates this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. If it is determined by a court of competent jurisdiction that a violation is wilful, the court may impose a fine of not less than five hundred fifty dollars for each violation. (B) A consumer injured or damaged by an act in violation of this chapter or regulation promulgated pursuant to it, whether or not there is a criminal conviction for the violation, may file a civil action to recover damages based on the violation with the following available remedies: (1) actual damages; (2) punitive damages; and (3) the costs of the action, including reasonable attorney's fees. (C) An action brought pursuant to this chapter must be commenced within three years from the latest of the: (1) consumer's last transmission of funds to the credit counseling organization; (2) credit counseling organization's last disbursement to the consumer's creditors; (3) credit counseling organization's last accounting to the consumer; or (4) date on which the consumer reasonably discovered or reasonably should have discovered the facts giving rise to the consumer's claim.

Legislative History

HISTORY: 2005 Act No. 111, SECTION 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).