Legislation
SECTION 414
Penalties
Personal Property (PEP) CHAPTER 41, ARTICLE 10
§ 414. Penalties. 1. Any person who shall wilfully violate any
provision of this article shall be guilty of a misdemeanor and upon
conviction shall be punished by a fine not exceeding five hundred
dollars.
2. In case of failure by any person to comply with the provisions of
this article, the buyer shall have the right to recover from such person
an amount equal to the credit service charge or service charge imposed
and the amount of any delinquency, collection, extension, deferral or
refinance charge imposed.
3. Notwithstanding the provisions of this section, any failure to
comply with any provision of this article may be corrected within ten
days after the holder is notified thereof in writing by the buyer and,
if so corrected, neither the seller nor the holder shall be subject to
any penalty under this section.
4. Subdivision three of this section shall not apply to any person who
wilfully violates any provision of this article in connection with the
imposition, computation or disclosures of or relating to a credit
service charge on a consolidated total of two or more contracts or
obligations under the provisions of section four hundred ten, and the
buyer may recover from such person an amount equal to the credit service
charges and any delinquency, collection, extension, deferral or
refinance charges imposed, contracted for or received on all contracts
and obligations included in the consolidated total and the seller shall
be barred from the recovery of any such charges.
5. Subdivisions one and three of this section shall not apply to any
person who violates subdivision two-a of section four hundred three of
this article.
provision of this article shall be guilty of a misdemeanor and upon
conviction shall be punished by a fine not exceeding five hundred
dollars.
2. In case of failure by any person to comply with the provisions of
this article, the buyer shall have the right to recover from such person
an amount equal to the credit service charge or service charge imposed
and the amount of any delinquency, collection, extension, deferral or
refinance charge imposed.
3. Notwithstanding the provisions of this section, any failure to
comply with any provision of this article may be corrected within ten
days after the holder is notified thereof in writing by the buyer and,
if so corrected, neither the seller nor the holder shall be subject to
any penalty under this section.
4. Subdivision three of this section shall not apply to any person who
wilfully violates any provision of this article in connection with the
imposition, computation or disclosures of or relating to a credit
service charge on a consolidated total of two or more contracts or
obligations under the provisions of section four hundred ten, and the
buyer may recover from such person an amount equal to the credit service
charges and any delinquency, collection, extension, deferral or
refinance charges imposed, contracted for or received on all contracts
and obligations included in the consolidated total and the seller shall
be barred from the recovery of any such charges.
5. Subdivisions one and three of this section shall not apply to any
person who violates subdivision two-a of section four hundred three of
this article.