Sec. 36a-855. Action for damages, fees, costs and equitable relief. Class actions.

316 words·~1 min read·/ct/title-36a/chapter-669-regulated-activities/36a-855

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(a)Any student loan borrower, class of student loan borrowers or the legal representative of such borrower or borrowers aggrieved by a violation of any provision of sections 36a-846 to 36a-854 , inclusive, by a student loan servicer, may bring an action in the Superior Court. Upon finding that a student loan servicer has violated any provision of said sections, the court may award a prevailing party actual damages, reasonable attorneys' fees and court costs, and may, in its discretion, award punitive damages and restitution of property and may provide such equitable relief as it deems appropriate.

(b)In addition to the judicial relief provided under subsection

(a)of this section, in any civil action brought under this section in which the student loan borrower prevails, the court may award treble damages upon a finding that the student loan servicer has engaged in conduct that substantially interferes with

(1)such student loan borrower's right to an alternative payment arrangement, loan forgiveness, cancellation or discharge of the student loan borrower's student education loan, or

(2)any other financial benefit

(A)established under the terms of such student loan borrower's promissory note, or

(B)pursuant to the Higher Education Act of 1965, as amended from time to time, or the regulations adopted thereunder.

(c)Any student loan borrower, or the legal representative of such borrower, entitled to bring an action under subsection

(a)of this section may, pursuant to rules established by the judges of the Superior Court, bring a class action on behalf of themselves and other similarly situated student loan borrowers to recover damages.

(d)The remedies provided under this section shall be in addition to any other remedies provided under state or federal law, and a student loan borrower shall not be required to exhaust any administrative remedies established pursuant to sections 36a-846 to 36a-854 , inclusive, prior to bringing an action under this section.