[§480-13.5]  Additional civil
penalties for consumer frauds committed against elders.  (a)  If a person
commits a violation under section 480-2 which is directed toward, targets, or
injures an elder, a court, in addition to any other civil penalty, may impose a
civil penalty not to exceed $10,000 for each violation.



(b)  In determining the amount, if any, of
civil penalty under subsection (a), the court shall consider the following:



(1)  Whether the person's conduct was in wilful
disregard of the rights of the elder;



(2)  Whether the person knew or should have known that
the person's conduct was directed toward or targeted an elder;



(3)  Whether the elder was more vulnerable to the
person's conduct than other consumers because of age, poor health, infirmity,
impaired understanding, restricted mobility, or disability;



(4)  The extent of injury, loss, or damages suffered
by the elder; and



(5)  Any other factors the court deems appropriate.



(c)  As used in this chapter, "elder"
means a consumer who is sixty-two years of age or older. [L 1998, c 179, §1]



 



Cross References



 



  Some other actions or penalties for violations committed
against elders, see §§28-94, 412:3-114.5, 444-10.7, 454-4.5, 480-13,
485A-603.5, 485A-604.5, and 487-14.