40-12-111. Violations involving older persons or persons with disabilities; civil penalty.
(a) As used in this section:
(i) "Person with disabilities" means any person who has a mental or educational impairment which substantially limits one (1) or more major life activities;
(ii) "Major life activities" means functions associated with the normal activities of independent daily living such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working;
(iii) "Mental or educational impairment" means:
(A) Any mental or psychological disorder or specific learning disability;
(B) Any educational deficiency which substantially affects a person's ability to read and comprehend the terms of any contractual agreement entered into.
(iv) "Older person" means a person who is over sixty (60) years of age.
(b) Any person who willfully uses, or has willfully used, a method, act or practice in violation of this act which victimizes or attempts to victimize an older person or a person with disabilities, and commits such violation when the person knew or should have known that the conduct was unfair or deceptive, shall make restitution or reimbursement to the older person or person with disabilities including reasonable attorney fees and costs, and, in addition, is liable for a civil penalty of up to fifteen thousand dollars ($15,000.00) for each violation recoverable by the office of the attorney general.
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