Consumer recovery fund

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41-4041. Consumer recovery fund

A. The consumer recovery fund is established. The director shall administer the fund.

B. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. The monies earned from investment may be used for the same purposes as all other monies deposited in the fund.

D. Recovery from the consumer recovery fund is limited to actual or compensatory damages, including costs but excluding interest or attorney fees.

E. Recovery from the consumer recovery fund is not limited by the consumer's right, if any, to also claim against a holder of a retail sales contract or promissory note that is secured by the property that is the subject matter of the claim.


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