- (1) The remedies provided in this section are cumulative and apply to licensees and unlicensed persons to whom this part applies.
- (2) Any violation of this part constitutes an unfair or deceptive trade practice and is a violation of 30-14-103.
- (3) A person found to have violated this part is liable to the person harmed for actual and consequential damages or $500, whichever is greater, for each violation, plus costs and attorney fees.
- (4) A person harmed by a violation of this part may sue for injunctive and other appropriate equitable relief.
- (5) A person harmed by a violation of this part may bring a class action suit.
- (6) The remedies provided in this section are not intended to be the exclusive remedies available to a consumer for a violation of this part.
- (7) The department, the attorney general, or a county attorney, on behalf of state residents who have suffered a loss or harm as a result of a violation of this part, may seek any remedy provided by Title 30, chapter 14, part 1.
- (8) A person engaged in credit counseling in this state without a license, a person who fails to maintain a separate trust account for consumer funds, or a person who fails to maintain any records required by the provisions of this part or by department rule shall be fined an amount not to exceed $5,000 for each violation.
History: En. Sec. 7, Ch. 272, L. 2005.