Burden of proving exception -- Penalties -- Court's criminal and equitable jurisdiction -- Prosecution.

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  • (1)
    • (a) Any waiver by a buyer of any part of this chapter is void.
    • (b) Any attempt by a credit services organization to have a buyer waive rights given by this chapter is a violation of this chapter.
  • (2) In any proceeding involving this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming the exemption or exception.
  • (3)
    • (a) Any person who violates this chapter is guilty of a class A misdemeanor.
    • (b) Any district court of this state has jurisdiction to restrain and enjoin the violation of this chapter.
  • (4) The attorney general, any county attorney, any district attorney, or any city attorney may prosecute misdemeanor actions or institute injunctive or civil proceedings, or both, under this chapter.
  • (5) The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.
  • (6)
    • (a) In addition to other penalties under this section, the division director may issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter.
    • (b) All money received through administrative fines imposed under this section shall be deposited in the Consumer Protection Education and Training Fund created by Section 13-2-8.




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