(a) Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this chapter or any rule or regulation issued thereunder including any requirement under section ten with respect to any person is liable to such person in an amount equal to the sum of:

1. (1) Any actual damage sustained by such person as a result of the failure;

2. (2)

   1. (a) In the case of an individual action, twice the amount of any finance charge in connection with the transaction, except that the liability under this clause shall not be less than one hundred dollars nor greater than one thousand dollars; or (b) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable and the total recovery under this subclause in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of five hundred thousand dollars or one per centum of the net worth of the creditor or (c) in the case of an individual action relating to a credit transaction not under an open-end credit plan that is secured by real property or a dwelling, not less than two hundred dollars or greater than two thousand dollars; and

3. (3) In the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of rescission under section ten, the costs of the action, together with a reasonable attorney's fee as determined by the court.

   In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor's failure of compliance was intentional.

   In connection with the disclosures referred to in section eleven, a creditor shall be liable under clause (a) only for failing to comply with the requirements of section ten, subsection (a) of section eleven or of clauses (4), (5), (6), (7), (8), (9) or (10) of subsection (b) of section eleven. In connection with the disclosures referred to in section twelve, a creditor shall be liable under clause (2) only for failing to comply with the requirements of section ten or of clauses (2), insofar as it requires a disclosure of the ''amount financed'', (3), (4), (5), (6) or (9) of subsection (a) of section twelve. With respect to any failure to make disclosures required under this chapter or any rule or regulation issued thereunder by the commissioner, liability shall be imposed only upon the creditor required to make disclosure except as provided in section thirty-three.