§ 6-45-7 Remedies. – (a) In addition to pursuing any other remedy, a consumer may bring an action torecover any damages caused by a violation of this chapter, plus taxable costsand reasonable attorneys' fees. For a violation of any of the obligationsprovided by § 6-45-5(a), whether relative to a refund as described in§ 6-45-5(a)(1) or to a replacement as described in § 6-45-5(a)(2),the court shall award damages equal to the greater of:
(1) Actual damages; or
(2) The sum of:
(i) Two (2) times the amount obtained as:
(A) The amount that should have been refunded under § 6-45-5(a)(1), or that should have been refunded under §6-45-5(a)(1) had the consumer chosen that option, minus
(B) The amount that was actually refunded, if any, minus
(C) The amount, if any, of the difference between the amountsdescribed in clauses (A) and (B) that was attributable to a good faith disputeby the manufacturer as to:
(I) The amount of collateral costs, or
(II) The length of a useful life greater than five (5) yearsin calculating the reasonable allowance for use under§§ 6-45-5(c) and 6-45-5(d), and
(ii) The amount described in subparagraph (2)(i)(C) of thissection.
(b) Actual damages caused by a violation of this chaptershall include collateral costs, beginning at the time of the violation, whetheror not the consumer acquired the rights provided by § 6-45-5(a).
(c) The remedies of a buyer or lessee described in §6A-2-715 or 6A-2.1-520, with respect to an assistive technology device, shallnot be excluded or limited.
(d) The rights and remedies provided to the consumer by thischapter shall be in addition to those available under any other law.
(e) Any waiver by a consumer of rights under this chapter isvoid.
§ 6-45-7 Remedies. – (a) In addition to pursuing any other remedy, a consumer may bring an action torecover any damages caused by a violation of this chapter, plus taxable costsand reasonable attorneys' fees. For a violation of any of the obligationsprovided by § 6-45-5(a), whether relative to a refund as described in§ 6-45-5(a)(1) or to a replacement as described in § 6-45-5(a)(2),the court shall award damages equal to the greater of:
(1) Actual damages; or
(2) The sum of:
(i) Two (2) times the amount obtained as:
(A) The amount that should have been refunded under § 6-45-5(a)(1), or that should have been refunded under §6-45-5(a)(1) had the consumer chosen that option, minus
(B) The amount that was actually refunded, if any, minus
(C) The amount, if any, of the difference between the amountsdescribed in clauses (A) and (B) that was attributable to a good faith disputeby the manufacturer as to:
(I) The amount of collateral costs, or
(II) The length of a useful life greater than five (5) yearsin calculating the reasonable allowance for use under§§ 6-45-5(c) and 6-45-5(d), and
(ii) The amount described in subparagraph (2)(i)(C) of thissection.
(b) Actual damages caused by a violation of this chaptershall include collateral costs, beginning at the time of the violation, whetheror not the consumer acquired the rights provided by § 6-45-5(a).
(c) The remedies of a buyer or lessee described in §6A-2-715 or 6A-2.1-520, with respect to an assistive technology device, shallnot be excluded or limited.
(d) The rights and remedies provided to the consumer by thischapter shall be in addition to those available under any other law.
(e) Any waiver by a consumer of rights under this chapter isvoid.
§ 6-45-7 Remedies. – (a) In addition to pursuing any other remedy, a consumer may bring an action torecover any damages caused by a violation of this chapter, plus taxable costsand reasonable attorneys' fees. For a violation of any of the obligationsprovided by § 6-45-5(a), whether relative to a refund as described in§ 6-45-5(a)(1) or to a replacement as described in § 6-45-5(a)(2),the court shall award damages equal to the greater of:
(1) Actual damages; or
(2) The sum of:
(i) Two (2) times the amount obtained as:
(A) The amount that should have been refunded under § 6-45-5(a)(1), or that should have been refunded under §6-45-5(a)(1) had the consumer chosen that option, minus
(B) The amount that was actually refunded, if any, minus
(C) The amount, if any, of the difference between the amountsdescribed in clauses (A) and (B) that was attributable to a good faith disputeby the manufacturer as to:
(I) The amount of collateral costs, or
(II) The length of a useful life greater than five (5) yearsin calculating the reasonable allowance for use under§§ 6-45-5(c) and 6-45-5(d), and
(ii) The amount described in subparagraph (2)(i)(C) of thissection.
(b) Actual damages caused by a violation of this chaptershall include collateral costs, beginning at the time of the violation, whetheror not the consumer acquired the rights provided by § 6-45-5(a).
(c) The remedies of a buyer or lessee described in §6A-2-715 or 6A-2.1-520, with respect to an assistive technology device, shallnot be excluded or limited.
(d) The rights and remedies provided to the consumer by thischapter shall be in addition to those available under any other law.
(e) Any waiver by a consumer of rights under this chapter isvoid.
