(a) If a credit repairbusiness uses any untrue or misleading statements in connection with a creditrepair contract, fails to fully comply with the requirements of this Article,or fails to comply with the terms of the contract or any obligation arisingtherefrom, then, upon written notice to the credit repair business, theconsumer may void the contract, and shall be entitled to receive from thecredit repair business all sums paid to the credit repair business, and recoverany additional damages including reasonable attorneys' fees.
(b) Any waiver by aconsumer of any of the provisions of this Article shall be deemed void andunenforceable by a credit repair business.
(c) Upon complaint ofany person that a credit repair business has violated the provisions of thisArticle, the superior court shall have jurisdiction to enjoin that defendantfrom further such violations.
(d) In a proceedinginvolving this Article, the burden of proving an exemption or an exception fromthe definition of a credit repair business shall be borne by the personclaiming the exemption or exception.
(e) The remediesprovided herein shall be in addition to any other remedies provided for by lawor in equity.
(f) The violation ofany provision of this Article shall constitute an unfair trade practice underG.S. 75‑1.1 and the violation of any provision of this Article shallconstitute a Class I felony. (1991, c. 327; 1993, c. 539,s. 1283; 1994, Ex. Sess., c. 24, s. 14(c).)
(a) If a credit repairbusiness uses any untrue or misleading statements in connection with a creditrepair contract, fails to fully comply with the requirements of this Article,or fails to comply with the terms of the contract or any obligation arisingtherefrom, then, upon written notice to the credit repair business, theconsumer may void the contract, and shall be entitled to receive from thecredit repair business all sums paid to the credit repair business, and recoverany additional damages including reasonable attorneys' fees.
(b) Any waiver by aconsumer of any of the provisions of this Article shall be deemed void andunenforceable by a credit repair business.
(c) Upon complaint ofany person that a credit repair business has violated the provisions of thisArticle, the superior court shall have jurisdiction to enjoin that defendantfrom further such violations.
(d) In a proceedinginvolving this Article, the burden of proving an exemption or an exception fromthe definition of a credit repair business shall be borne by the personclaiming the exemption or exception.
(e) The remediesprovided herein shall be in addition to any other remedies provided for by lawor in equity.
(f) The violation ofany provision of this Article shall constitute an unfair trade practice underG.S. 75‑1.1 and the violation of any provision of this Article shallconstitute a Class I felony. (1991, c. 327; 1993, c. 539,s. 1283; 1994, Ex. Sess., c. 24, s. 14(c).)
(a) If a credit repairbusiness uses any untrue or misleading statements in connection with a creditrepair contract, fails to fully comply with the requirements of this Article,or fails to comply with the terms of the contract or any obligation arisingtherefrom, then, upon written notice to the credit repair business, theconsumer may void the contract, and shall be entitled to receive from thecredit repair business all sums paid to the credit repair business, and recoverany additional damages including reasonable attorneys' fees.
(b) Any waiver by aconsumer of any of the provisions of this Article shall be deemed void andunenforceable by a credit repair business.
(c) Upon complaint ofany person that a credit repair business has violated the provisions of thisArticle, the superior court shall have jurisdiction to enjoin that defendantfrom further such violations.
(d) In a proceedinginvolving this Article, the burden of proving an exemption or an exception fromthe definition of a credit repair business shall be borne by the personclaiming the exemption or exception.
(e) The remediesprovided herein shall be in addition to any other remedies provided for by lawor in equity.
(f) The violation ofany provision of this Article shall constitute an unfair trade practice underG.S. 75‑1.1 and the violation of any provision of this Article shallconstitute a Class I felony. (1991, c. 327; 1993, c. 539,s. 1283; 1994, Ex. Sess., c. 24, s. 14(c).)
