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§6-44-9  Enforcement. –

Published: 2015

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Commercial Law – General Regulatory Provisions


Rental Purchase Agreements

SECTION 6-44-9

   § 6-44-9  Enforcement. –

(a) A lessee who has suffered a loss due to a violation of this chapter by a

lessor is entitled to recover from the lessor actual damages, reasonable

attorney's fees, and court costs.

   (b) A lessor shall not be held liable in any action brought

under this section if he or she shows by a preponderance of the evidence that

the violation was not intentional and resulted from a bona fide error,

notwithstanding the maintenance of procedures reasonably adopted to avoid any

error. A bona fide error shall include, but shall not be limited to, clerical,

calculation, computer malfunction, and programming and printing errors;

provided that an error of legal judgment with respect to a person's obligations

under this chapter shall not be a bona fide error.

   (c) A lessor shall not be deemed liable under this chapter

for a violation of the provisions of § 6-44-3 if, within sixty (60) days

after discovering the error and before an action is filed in accordance with

the provisions of this section or written notice of the error is received from

the consumer, the lessor notifies the consumer of the error and makes whatever

adjustments in the account necessary to assure that the consumer shall not be

required to pay an amount in excess of the amounts actually disclosed. This

provision shall apply whether the discovery of the error was made through the

lessor's own procedures or otherwise.

   (d) An action shall not be brought under this chapter more

than one year after the occurrence of the act, method, or practice that is the

subject of the action, or more than one year after the last payment in a

transaction involving the method, act, or practice that is the subject of the

action, whichever is later.

History of Section.

(P.L. 1989, ch. 481, § 1; P.L. 2014, ch. 528, § 31.)