§480F-6 - Penalties.
§480F-6 Penalties. (a) Any person who
violates this chapter shall be deemed to have engaged in an unfair or deceptive
act or practice in the conduct of any trade or commerce within the meaning of
section 480-2(a). Aggrieved consumers may seek those remedies set forth in
section 480-13(b).
(b) Any person who is not a consumer and is
injured by a wilful violation of this chapter may bring an action for the
recovery of damages, a proceeding to restrain and enjoin those violations, or
both. If judgment is for the plaintiff, the plaintiff shall be awarded a sum
not less than $1,000 or threefold damages, whichever sum is greater, and
reasonable attorneys' fees together with the costs of suit.
(c) A wilful violation of this chapter shall
be punishable by a fine of up to $500 and up to thirty days imprisonment.
(d) A customer who enters into a written
deferred deposit agreement and offers a personal check to a check casher
pursuant to that agreement shall not be subject to any criminal penalty for
failure to comply with the terms of that agreement unless the check is
dishonored because the customer closed the account or stopped payment on the
check. [L 1999, c 146, pt of §1; am L 2001, c 20, §1; am L 2008, c 19, §11]