§ 256. Other claims not precluded
This chapter shall not preclude a debtor, buyer, insured or lessee from making any claims which would have been available to him if this chapter were not in effect.
§ 257. Opinions and fees
(a) A creditor, seller, insurer or lessor may request an opinion from a primary regulator as to whether a consumer contract complies with this chapter. A reasonable fee may be charged by the primary regulator for processing the request. The Chairman of the Banking Board may render an opinion to any banking institution which has […]
§ 258. Restrictions
(a) This chapter shall not apply to consumer contracts involving amounts of more than $25,000, except for homeowners and tenant insurance policies. (b) Real estate transactions, including title insurance policies, are excluded from this chapter, except that real estate leases for residential purposes are included.
§ 259. Guidelines
(a) To insure that a consumer contract shall be clear, simple, understandable and easily readable, the following are guidelines that a court or primary regulator may consider in determining whether a consumer contract as a whole fails to comply with this chapter: (1) Cross-references that are confusing. (2) Sentences that are of greater length than […]
§ 260. No waiver
No consumer contract shall contain a waiver of any rights under this chapter. A violation of this chapter shall not render any consumer contract void or voidable, or serve as a defense in an action breach thereof unless enforcement of the contract which violates this chapter would be unconscionable.
§ 261. Injunctive relief
The Director of the Consumer Services Administration or a Primary Regulator or any interested person may seek injunctive relief in the territorial or district court. The court may authorize reasonable attorney’s fees and court costs in such a proceeding.
§ 251a. Definitions
(a) “Consumer contract”, which includes writings required to complete the consumer transaction, means a written agreement in which a natural person: (1) leases or licenses personal property or leases real property for residential purposes; (2) obtains credit; (3) obtains personal insurance coverage; (4) borrows money; (5) purchases personal property; or (6) contracts for services, including […]
§ 252. Plain language required
A consumer contract entered into on or after October 30, 1984 shall be written in clear, simple, understandable and easily readable language. In determining whether a consumer contract has been written in clear, simple, understandable and easily readable language, a court or primary regulator shall take into consideration the guidelines set forth in this chapter. […]
§ 253. Damages
A creditor, seller, insurer or lessor who fails to comply with this chapter shall be liable to a consumer who is a party to the consumer contract for actual damages sustained plus punitive damages up to $1,000. The creditor, seller, insurer or lessor shall also be liable for the consumer’s reasonable attorney’s fees and costs.
§ 254. Damages limited
Class actions may be brought under the provisions of this chapter, but the amount of punitive damages shall be limited to $10,000 against any one seller, lessor, insurer or creditor.