(A) A person who violates this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. If it is determined by a court of competent jurisdiction that a violation is wilful, the court may impose a fine of not less than five hundred fifty dollars for each violation.
(B) A consumer injured or damaged by an act in violation of this chapter or regulation promulgated pursuant to it, whether or not there is a criminal conviction for the violation, may file a civil action to recover damages based on the violation with the following available remedies:
(1) actual damages;
(2) punitive damages; and
(3) the costs of the action, including reasonable attorney's fees.
(C) An action brought pursuant to this chapter must be commenced within three years from the latest of the:
(1) consumer's last transmission of funds to the credit counseling organization;
(2) credit counseling organization's last disbursement to the consumer's creditors;
(3) credit counseling organization's last accounting to the consumer; or
(4) date on which the consumer reasonably discovered or reasonably should have discovered the facts giving rise to the consumer's claim.
HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).
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