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§ 5-5-201. Effect of Violations on Rights of Parties

If a creditor has violated the provisions of this code applying to limitations on the schedule of payments or loan term for supervised loans contained in section 5-2-308 or authority to make supervised loans contained in section 5-2-301, the consumer is not obligated to pay the finance charge and has a right to recover from […]

§ 5-5-202. Civil Liability for Violation of Disclosure Provisions

Except as otherwise provided in this section, a creditor who, in violation of the provisions on disclosure contained in section 5-3-101, other than the provisions on advertising, fails to disclose information to a person entitled to the information under this code is liable to that person in an amount equal to the sum of: Twice […]

§ 5-5-203. Consumer’s Right to Rescind Certain Transactions

In the case of a consumer credit transaction with respect to which a security interest is retained or acquired in any property that is used as the principal dwelling of the person to whom credit is extended, the consumer shall have the same right to rescind the transaction as provided in the federal “Truth in […]

§ 5-5-204. Interests in Land

For purposes of the provisions on civil liability for violation of the disclosure provisions contained in section 5-5-202 and on a consumer’s right to rescind certain transactions contained in section 5-5-203, “consumer credit transaction” includes a transaction primarily secured by an interest in land without regard to the rate of the finance charge if the […]

§ 5-5-205. Refunds and Penalties as Set-Off to Obligation

Refunds or penalties to which the consumer is entitled pursuant to this part 2 may be set off against the consumer obligation and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by said sections. Source: L. 2000: Entire article R&RE, p. 1243, § 1, […]

§ 5-5-206. Civil Liability for Discrimination

If a person has failed to comply with section 5-3-210, the person aggrieved by such failure to comply has a right to recover actual damages from such person but in no event less than one hundred dollars for actual and exemplary damages nor more than one thousand dollars for actual and exemplary damages. In the […]