2005 California Financial Code Sections 22750-22754 Article 2. Consumer Loan Penalties

22750.  (a) If any amount other than, or in excess of, the charges
permitted by this division is willfully charged, contracted for, or
received, the contract of loan is void, and no person has any right
to collect or receive any principal, charges, or recompense in
connection with the transaction.
   (b) If any provision of this division is willfully violated in the
making or collection of a loan, the contract of loan is void, and no
person has any right to collect or receive any principal, charges,
or recompense in connection with the transaction.
22751.  (a) If any amount other than or in excess of the charges
permitted by this division is charged or contracted for, or received,
for any reason other than a willful act of the licensee, the
licensee shall forfeit all interest and charges on the loan and may
collect or receive only the principal amount of the loan.
   (b) Subdivision (a) shall not apply to an error in computation if
(1) the licensee shows by a preponderance of evidence that the
violation was not intentional and resulted from a bona fide error
notwithstanding the maintenance of procedures reasonably adapted to
avoid any such error, and (2) within 60 days of discovering the error
the licensee notifies the borrower of the error and makes whatever
adjustments in the account are necessary to correct the error.
22752.  (a) If any provision of this division is violated in the
making or collection of a loan, for any reason other than a willful
act of the licensee, the licensee shall forfeit all interest and
charges on the loan and may collect or receive only the principal
amount of the loan.
   (b) Subdivision (a) shall not apply to a violation if (1) the
licensee shows by a preponderance of evidence that the violation was
not intentional and resulted from a bona fide error notwithstanding
the maintenance of procedures reasonably adapted to avoid any such
error, and (2) within 30 days of discovering the error the licensee
notifies the borrower of the error and rectifies the error by making
the appropriate changes in the documents or account and by taking
other action necessary to correct the error.
22753.  Any person who willfully violates any provision of this
division or who willfully violates any rule or order adopted pursuant
to this division, shall, upon conviction, be punished by a fine of
not more than ten thousand dollars ($10,000), by imprisonment in a
county jail for not more than one year or in the state prison, or by
both that fine and imprisonment.  However, no person may be
imprisoned for the violation of any rule or order unless he or she
had knowledge of the rule or order.  Conviction under this section
shall not preclude the commissioner from exercising the authority in
Section 22713.
22754.  No provision imposing liability under this division,
including the provisions of subdivision (a) of Section 22751 and
subdivision (a) of Section 22752, shall apply to any act done or
omitted in good faith in conformity with any written general rule,
regulation, or specific ruling of the commissioner, notwithstanding
that after the act or omission has occurred, the written general
rule, regulation, or specific ruling is amended, rescinded, or
determined by judicial or other authority to be invalid for any
reason.