- (a) Any violation of §§ 5-79-1 — 5-79-9 is considered to be a violation of § 6-13.1-2, and all remedies of § 6-13.1-5.2 are available for such an action. A private cause of action under § 6-13.1-5.2 by a foreclosed homeowner is in the public interest. An owner may bring an action against a foreclosure consultant for any violation of §§ 5-79-1 — 5-79-9. Any judgment against the mortgage foreclosure consultant shall include actual damages, reasonable attorney’s fees and costs, and appropriate equitable relief.
- (b) The court may award punitive damages up to one and one half (1½) times the compensation charged by the foreclosure consultant if the court finds that the foreclosure consultant violated the provisions of § 5-79-4(1), (2), or (4), and the foreclosure consultant’s conduct was in bad faith.
- (c) The rights and remedies provided in subsection (a) are cumulative to, and not a limitation of, any other rights and remedies provided by law.
- (d) Any action brought pursuant to this section must be commenced within four (4) years from the date of the alleged violation.
- (e) Notwithstanding any other provision of this section, no action may be brought on the basis of a violation of §§ 5-79-1 — 5-79-9, except by an owner against whom the violation was committed or by the department of attorney general.
History of Section.
P.L. 2006, ch. 242, § 1; P.L. 2006, ch. 287, § 1; P.L. 2007, ch. 340, § 3.