Section 414. Penalties  


Latest version.
  • 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.