Remedies of lessee.

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(1) In case of a violation by a lessor of any provision of this article with respect to any rental purchase agreement, the lessee in such agreement may bring a suit in any court of competent jurisdiction to recover from such lessor or may set off or counterclaim in any action by such lessor actual damages. If the court finds that any such violation has occurred, it shall award a minimum recovery of two hundred fifty dollars or twenty-five percent of the total cost to acquire ownership under the rental purchase agreement, whichever is greater.

  1. The remedies specified in subsection (1) of this section are in addition to, and not inlimitation of, any other remedies provided by law.

  2. In any action brought pursuant to this section, the court shall award the prevailingparty the costs of the action and a reasonable attorney fee.

Source: L. 90: Entire article added, p. 377, § 1, effective January 1, 1991.


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