§ 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.
§ 280. Short title
This chapter may be cited as the “Rental-Purchase Disclosure Act”.
§ 281. Definitions
For purposes of the chapter: (a) The term “advertisement” means a commercial message in any medium that aids, promotes or assists, directly or indirectly, a rental-purchase agreement. (b) The term “agricultural purpose” includes: (1) the production, harvest, exhibition, marketing transformation, processing or manufacture of agricultural products by a natural person who cultivates plants or propagates […]
§ 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.
§ 255. Exceptions
(a) There shall be no liability under sections 253 and 254 of this title if: (1) Both parties to the contract have performed their obligations under the contract. (2) The creditor, seller, insurer, or lessor attempts in good faith to comply with this chapter in preparing the consumer contract. Use of a model “plain language” […]