44-6812. Lessor's defenses; definition
177 words·~1 min read·
/az/title-44/44-6812A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. If a lessor establishes by a preponderance of the evidence that a violation of this chapter was unintentional or the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid these errors, a court shall not impose a penalty prescribed in section 44-6811 and validity of the transaction is not affected.
B. A lessor is not liable under this chapter for any failure to comply with any requirement imposed under this chapter if within sixty days after discovering an error, and before the institution of an action under this chapter or the receipt of written notice of the error from the consumer, the lessor notifies the consumer of the error and makes whatever adjustments in the appropriate account that are necessary to correct the error.
C. For the purposes of this section, "bona fide errors" includes clerical errors, calculation errors, errors due to unintentional, improper computer programming or data entry and printing errors but does not include an error of legal judgment with respect to a lessor's obligations under this chapter.