(1) Any person who, with intent to defraud, violates any requirement imposed under this part 2 shall be liable in an amount equal to the sum of:
- (a) Three times the amount of actual damages sustained or three thousand dollars, whichever is greater; and
- (b) In the case of any successful action to enforce said liability, the costs of the action together with reasonable attorney fees as determined by the court.
- (2) An action to enforce any liability created under subsection (1) of this section must be brought within the time period prescribed in section 13-80-102, C.R.S.
- (3) There shall be no liability under this section if a judgment has been entered in federal court pursuant to section 409 of the Motor Vehicle Information and Cost Savings Act, Public Law 92-513.
Source: L. 94: Entire title amended with relocations, p. 2471, § 1, effective January 1, 1995.
Editor's note: This section is similar to former § 42-6-208 as it existed prior to 1994.
Cross references: For current provisions relating to section 409 of the Motor Vehicle Information and Cost Savings Act, see 49 U.S.C. sec. 32710.