(1) If an individual voids an agreement pursuant to Subsection 13-42-125(2), the individual may recover in a civil action all money paid or deposited by or on
behalf of the individual pursuant to the agreement, except amounts paid to creditors,
in addition to the recovery under Subsections (3)(c) and (d).
(2) If an individual voids an agreement pursuant to Subsection 13-42-125(1), the individual may recover in a civil action three times the total amount of the
fees, charges, money, and payments made by the individual to the provider, in addition
to the recovery under Subsection (3)(d).
(3) Subject to Subsection (4), an individual with respect to whom a provider or other
person violates this chapter may recover in a civil action from the provider, the
person, and any person that caused the violation:
(a) compensatory damages for injury, including noneconomic injury, caused by the violation;
(4) In a class action, except for a violation of Subsection 13-42-128(1)(f), the minimum damages provided in Subsection (3)(b) do not apply.
(5) A provider is not liable under this section for a violation of this chapter if
the provider proves that the violation was not intentional and resulted from a good-faith
error notwithstanding the maintenance of procedures reasonably adapted to avoid the
error. An error of legal judgment with respect to a provider's obligations under this chapter
is not a good-faith error. If, in connection with a violation, the provider has received more money than authorized
by an agreement or this chapter, the defense provided by this Subsection (5) is not
available unless the provider refunds the excess no later than two business days of
learning of the violation.
(6) The administrator shall assist an individual in enforcing a judgment against the
surety bond or other security provided under Section 13-42-113 or 13-42-114.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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