§6181. Effects of violations on rights of parties
1. Violations; unfair, unconscionable or deceptive practices.
A debt management service provider that violates any provision of this chapter or
any rule adopted by the administrator or that through any unfair, unconscionable or
deceptive practice causes actual damage to a consumer is subject to enforcement action
pursuant to subsection 2.
[
1999, c. 560, §3 (NEW)
.]
2. Enforcement actions.
The following enforcement actions may be taken by the administrator or an aggrieved
consumer against a debt management service provider for violations of any provision
of this chapter or any rule adopted pursuant to this chapter or for unfair, unconscionable
or deceptive practices that cause actual damage to a consumer:
A. After notice and hearing, a cease and desist order from the administrator; [1999, c. 560, §3 (NEW).]
B. When in the opinion of the administrator immediate action is required to protect
the public interest, a cease and desist order without prior notice and hearing after
which the administrator shall afford an opportunity for a hearing, the results of
which are subject to review under Title 5, chapter 375, subchapter VII; [1999, c. 560, §3 (NEW).]
C. After notice and hearing, forfeiture of such portion of the required bond as proportionately
may make aggrieved parties whole; [1999, c. 560, §3 (NEW).]
D. A civil action by the administrator through the Attorney General, after which a
court may assess a civil penalty payable to the State of not more than $5,000; [1999, c. 560, §3 (NEW).]
E. A civil action by an aggrieved consumer in which that consumer has the right to
recover actual damages from the debt management service provider in an amount determined
by the court plus costs of the action together with reasonable attorney's fees; or [1999, c. 560, §3 (NEW).]
F. Revocation, suspension or nonrenewal of the debt management service provider's registration
pursuant to section 6182. [1999, c. 560, §3 (NEW).]
[
1999, c. 560, §3 (NEW)
.]
SECTION HISTORY
1999, c. 560, §3 (NEW).