§480D-4 - Enforcement.
[§480D-4] Enforcement. (a) Except as
provided in subsection (b), any person who engages in any practice prohibited
by this chapter shall be deemed to have engaged in an unfair method of
competition or unfair and deceptive acts or practices in the conduct of any
trade or commerce within the meaning of section 480-2.
(b) In any case involving violations of
section 480D-3(3) or (8), the debt collector shall not be subject to the
provisions of subsection (a) if the debt collector can prove that the violation
resulted from a bona fide error, notwithstanding the maintenance of procedures
reasonably adopted to avoid such error. Examples of bona fide error include,
but are not limited to, clerical miscalculations, computer malfunction,
printing errors, and computer programming errors. If bona fide error is
proven, the debt collector shall:
(1) Correct the error as expeditiously as possible
and make every reasonable effort to correct any consequences of that error; and
(2) Be liable for any actual damages suffered by the
consumer including the time and expense required to correct the error.
A court may award reasonable attorney's fees and
costs incurred by the consumer in insuring that the error and its consequences
are corrected. [L 1987, c 191, pt of §2]