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HOT TOPICS

2016

MEMBERSHIP

DIRECTORY

100

Information provided Courtesy of Dealertrack Technologies 516.547.2242;

www.dealertrack.com

Penalties for Violation of Federal Consumer Credit Laws and Regulations Continued…

CIVIL LAWSUITS

CRIMINAL PENALTIES

Possible UDAP claims or fraud claims

Varies by state.

under state laws.

Civil actions can collect the greater of three

Criminal fines or three years in prison, or both.

times the actual damages or $10,000.

Possible UDAP, breach of contract, and

negligence claims under state laws.

Courts have permitted lawsuits against

retailers who incurred security breaches

compromising customer information.

Individual call recipients and State AGs can

obtain up to $500 per violation, the amount

trebled for willful or knowing violations.

Consumers can recover damages from the

breach. This includes remedies already

available under state law, such as recovery

of the purchase price, market price of

a replacement, loss in value due to the

problem, recovery of other costs, and

statutory penalties, if any.“Other legal

and equitable relief,”court costs and

attorneys’fees are also recoverable. Breach

of written warranty, breach of implied

warranty, breach of service contract and

failure to comply with obligations are the

four causes of action directly referenced in

the Act.

$500 - $1,500 per call or text message

sent to any wireless number you can’t prove

you have prior written consent in proper

form to call or text. Class action liability is

unlimited.