44-6812. Lessor's defenses; definition
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.
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