GNYADA 2019 Membership Directory & Services Guide

Military Lending Act 10 U.S.C. § 987, 32 C.F.R. Part 232 • Actual damages of not less than $500 per violation. 10 U.S.C. § 987(f)(5)(A)(i).

• Violating contracts are void from inception. 10 U.S.C. § 987(f)(3). • Arbitration agreements are unenforceable. 10 U.S.C. § 987(f)(4). • Punitive damages, equitable or declaratory relief, reasonable attorney’s fees, court costs, and any other relief provided by law. 10 U.S.C. § 987(f)(5)(A)(ii)-(iv). • Knowing violations are misdemeanors, punishable by fines, up to one year imprisonment, or both. 10 U.S.C. § 987(f)(1). Magnuson-Moss Warranty Act • May constitute an FTC § 5 UDAP violation. 15 U.S.C. § 45(m)(1). • Consumers can recover damages from the breach. This includes remedies already available under state law. 15 U.S.C. § 2310(d). Telephone Consumer Protection Act (TCPA) and FCC • Private right of action allows consumer to sue for statutory damages of $500 (and up to $1,500 for a willful or knowing violation) per call or text message sent to any wireless number you cannot prove you have valid prior consent to call or text. For do-not-call violations, the statutory damages calculation is up to $500 / $1,500 per violation. • Class action liability is unlimited. • Potential civil forfeiture penalties for violations of the Truth in Caller ID Act of $11,278 per violation, $33,833 per day for each day of continuing violation up to $1,127,799 for any single act or failure to act. 47 U.S.C. § 227(e); 47 C.F.R. § 1.80. • Other civil forfeiture penalties for violations of provisions other than the Truth in Caller ID Act include penalties of up to $19,639 per violation or per day of continuing violation, subject to a cap of $147,290. 47 U.S.C. § 503; 47 C.F.R. § 1.80. • Criminal penalties for certain violations: a fine for willful and knowing violations of not more than $10,000 for each violation or $30,000 for each day of a continuing violation, or imprisonment of not more than one year or both; for repeat violations following an initial conviction, an individual could be fined not more than $10,000 or imprisoned not more than two years, or both. 47 U.S.C. § 227(e); 47 U.S.C. § 501.

2019 membership directory & services guide / hot topics

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