2016 GNYADA Membership Directory

HOT TOPICS

Penalties for Violation of Federal Consumer Credit Laws and Regulations Continued…

CIVIL LAWSUITS

CRIMINAL PENALTIES

Possible UDAP claims or fraud claims

Varies by state.

under state laws.

Civil actions can collect the greater of three times the actual damages or $10,000.

Criminal fines or three years in prison, or both.

Possible UDAP, breach of contract, and negligence claims under state laws. Courts have permitted lawsuits against retailers who incurred security breaches compromising customer information. Individual call recipients and State AGs can obtain up to $500 per violation, the amount trebled for willful or knowing violations. Consumers can recover damages from the breach. This includes remedies already available under state law, such as recovery of the purchase price, market price of a replacement, loss in value due to the problem, recovery of other costs, and statutory penalties, if any.“Other legal and equitable relief,”court costs and attorneys’fees are also recoverable. Breach of written warranty, breach of implied warranty, breach of service contract and failure to comply with obligations are the four causes of action directly referenced in the Act. $500 - $1,500 per call or text message sent to any wireless number you can’t prove you have prior written consent in proper form to call or text. Class action liability is unlimited.

2016 MEMBERSHIP DIRECTORY

Information provided Courtesy of Dealertrack Technologies 516.547.2242; www.dealertrack.com

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