Title 10, Chapter 1, Section 38
( 10-1-38)
(a) Any person who shall willfully and intentionally violate this
article shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine not to exceed $500.00 for the
first offense and shall be punished as for a misdemeanor for each
subsequent offense. (b) A violation of Code Section 10-1-33 by the seller or holder shall bar recovery of any finance charge, delinquency, or collection charge on the contract. (c) In case of a willful violation of this article with respect to
any transaction, the buyer in such transaction may recover from the
person committing the violation (or may set off or counterclaim in
any action by such person) a minimum of $100.00 or double the time
price differential and any delinquency charge and any attorneys'
fees and court costs charged and paid with respect to such
transaction, but the seller may recover from the buyer an amount
equal to the cash price of the goods or services in such transaction
and the cost of any insurance purchased by the seller for the buyer
in connection therewith. (d) Notwithstanding this Code section, any failure to comply with Code Section 10-1-33 may be corrected within ten days after the date of execution of the retail installment contract by the buyer; and, if so corrected, neither the seller nor the holder is subject to any penalty under this Code section. |