41-10-03. Civil penalty.

1. A person shall not knowingly cause to be presented for filing in a filing office or promote the filing of a financing statement record in a filing office that the person knows: a. Not to be authorized under section 41-09-80 or 41-09-130 by the natural person whose name was provided as an individual debtor in the financing statement record; and b. Was filed or presented for filing with the intent that: (1) The financing statement record be used to harass or hinder the natural person whose name was provided as an individual debtor in the financing statement record without that person's authorization; or (2) The financing statement record be used to defraud any person.

2. A person who violates subsection 1 is liable to each such debtor for: a. The greater of ten thousand dollars or the actual damages caused by the violation; b. Court costs; c. Reasonable attorney's fees; d. Related expenses of bringing the action, including investigative expenses; and e. Exemplary damages in the amount determined by the court.