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(1) Any person who, with intent to defraud, violates any requirement imposed under this part 2 shall be liable in an amount equal to the sum of:

  1. Three times the amount of actual damages sustained or three thousand dollars, whichever is greater; and

  2. In the case of any successful action to enforce said liability, the costs of the actiontogether with reasonable attorney fees as determined by the court.

  1. An action to enforce any liability created under subsection (1) of this section must bebrought within the time period prescribed in section 13-80-102, C.R.S.

  2. There shall be no liability under this section if a judgment has been entered in federalcourt pursuant to section 409 of the "Motor Vehicle Information and Cost Savings Act", Public Law 92-513.

Source: L. 94: Entire title amended with relocations, p. 2471, § 1, effective January 1, 1995.

Editor's note: This section is similar to former § 42-6-208 as it existed prior to 1994.

Cross references: For current provisions relating to section 409 of the "Motor Vehicle Information and Cost Savings Act", see 49 U.S.C. sec. 32710.


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