Title 11, Chapter 9, Section 628
( 11-9-628)
Nonliability and limitation on liability of secured party; liability of secondary obligor. (a) Limitation of liability of secured party for noncompliance with
article. Unless a secured party knows that a person is a debtor or
obligor, knows the identity of the person, and knows how to
communicate with the person: (1) The secured party is not liable to the person, or to a secured
party or lienholder that has filed a financing statement against
the person, for failure to comply with this article; and (2) The secured party's failure to comply with this article does
not affect the liability of the person for a deficiency. (b) Limitation of liability based on status as secured party. A
secured party is not liable because of its status as secured party: (1) To a person that is a debtor or obligor, unless the secured
party knows: (A) That the person is a debtor or obligor; (B) The identity of the person; and (C) How to communicate with the person; or (2) To a secured party or lienholder that has filed a financing
statement against a person, unless the secured party knows: (A) That the person is a debtor; and (B) The identity of the person. (c) Limitation of liability if reasonable belief that transaction
not a consumer goods transaction or consumer transaction. A secured
party is not liable to any person, and a person's liability for a
deficiency is not affected, because of any act or omission arising
out of the secured party's reasonable belief that a transaction is
not a consumer goods transaction or a consumer transaction or that
goods are not consumer goods, if the secured party's belief is based
on its reasonable reliance on: (1) A debtor's representation concerning the purpose for which
collateral was to be used, acquired, or held; or (2) An obligor's representation concerning the purpose for which a
secured obligation was incurred. (d) Limitation of liability for statutory damages. A secured party is not liable to any person under paragraph (2) of subsection (c) of Code Section 11-9-625 for its failure to comply with Code Section 11-9-616. (e) Limitation of multiple liability for statutory damages. A secured party is not liable under paragraph (2) of subsection (c) of Code Section 11-9-625 more than once with respect to any one secured obligation. |