Title 43, Chapter 47, Section 21
( 43-47-21)
(a) Any person, regardless of whether that person is a licensee or
not, who commits or causes to be done any act that violates this
chapter or fails to do any act or causes to be omitted any act that
is required by this chapter shall be subject to a civil penalty not
to exceed $3,000.00 for each violation. A violation of this chapter
shall, for the purposes of this Code section, constitute a separate
offense as to any motor vehicle or motor vehicle part; and each day
during which any person offers for sale, sells, trades, transfers,
or disposes of used motor vehicles or used motor vehicle parts
without being licensed pursuant to this chapter shall constitute a
separate offense. (b) The penalty provided in subsection (a) of this Code section and
any restitution due to specifically named consumers for violations
of this chapter shall be recoverable by a civil action brought by
the division, the board, the Attorney General, or any district
attorney, solicitor-general, or municipal or county attorney in any
superior or state court having proper jurisdiction. The proceeds of
any civil penalty shall be remitted to the board by the clerk of the
court in which such case is filed; provided, however, that in an
action brought on behalf of a county or municipality one-half of the
proceeds of such civil penalty shall be paid into the treasury of
such county or municipality. The court shall order any restitution
recovered on behalf of any consumer to be paid over directly to the
consumer by the defendant. (c) Any person damaged by a violation of this chapter may bring an
action against the person committing the violation, regardless of
whether that person is a licensee, in any superior court of
competent jurisdiction to recover actual, consequential, and
punitive damages, attorneys' fees, and court costs. (d) Any person who is already licensed under this chapter or its
predecessor or under former Chapter 48 of this title who will be
required as a result of this chapter to make changes in his or her
business operations will not be required to make such changes until
such time as he or she is required to renew his or her license. Any
such changes shall have been completed prior to the granting of any
renewal license. |