30-14-2015. Remedies -- penalty. (1) The remedies provided in this section are cumulative and apply to licensees and unlicensed persons to whom this part applies.
     (2) Any violation of this part constitutes an unfair or deceptive trade practice and is a violation of 30-14-103.
     (3) A person found to have violated this part is liable to the person harmed for actual and consequential damages or $500, whichever is greater, for each violation, plus costs and attorney fees.
     (4) A person harmed by a violation of this part may sue for injunctive and other appropriate equitable relief.
     (5) A person harmed by a violation of this part may bring a class action suit.
     (6) The remedies provided in this section are not intended to be the exclusive remedies available to a consumer for a violation of this part.
     (7) The department, the attorney general, or a county attorney, on behalf of state residents who have suffered a loss or harm as a result of a violation of this part, may seek any remedy provided by Title 30, chapter 14, part 1.
     (8) A person engaged in credit counseling in this state without a license, a person who fails to maintain a separate trust account for consumer funds, or a person who fails to maintain any records required by the provisions of this part or by department rule shall be fined an amount not to exceed $5,000 for each violation.

     History: En. Sec. 7, Ch. 272, L. 2005.