10-1-15
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10-1-15.
(a)
Any person who shall willfully and intentionally violate any provision of this
article shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine not to exceed $500.00 for the first offense and shall be
punished as for a misdemeanor for each subsequent offense.
(b)
A violation of subsection (d) of Code Section 10-1-3 shall bar recovery of any
finance charge, delinquency, or collection charge on the contract. A violation
of subsection (b) of Code Section 10-1-4 shall bar recovery of any finance
charge, delinquency, or collection charge stated on or collected in connection
with the statement on which any such violation shall occur.
(c)
In case of a willful violation of any provision of this article, with respect to
any transaction, the retail buyer in such transaction may recover from the
person committing the violation (or may set off or counterclaim in any action by
such person) a minimum of $100.00 or double the time price differential and any
delinquency charge and any attorneys´ fees and court costs charged and paid
with respect to such transaction; but the retail seller may recover from the
retail buyer an amount equal to the cash price of the goods or services in such
transaction and the cost of any insurance purchased by the retail seller for the
retail buyer in connection therewith.
(d)
Notwithstanding this Code section, any failure to comply with any provisions of
subsection (d) of Code Section 10-1-3 may be corrected within ten days after the
date of execution of the retail installment contract by the buyer; and, if so
corrected, neither the seller nor the holder is subject to any penalty under
this Code section.
(e)
A seller or holder shall not be held liable in any action brought under this
Code section for a violation of this article if the seller or holder shows by
clear and convincing evidence that the violation was not intentional and
resulted from a bona fide clerical or typographical error.
(f)
The penalties under this Code section shall be the sole remedy for violations of
this article and a claim of violation of this article may be asserted in an
individual action only.