§ 37-7-117. Violations and penalties; civil action by consumer; limitations.

211 words·~1 min read·/sc/title-37-consumer-protection-code/chapter-7/consumer-credit-counseling/37-7-117·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.