(a) A lender or settlement agent who violates any provision of this subchapter and causes actual damage to a consumer is subject to a civil action by the aggrieved consumer in which the consumer has the right to recover the greater of actual damages in an amount determined by the Court or, except as provided in subsection (b) of this section, an amount determined by the Court of not less than $250.00 nor more than $1,000.00, plus costs of the action, together with reasonable attorney's fees.

(b) Liability under subsection (a) of this section is limited to actual damages, plus costs of the action, together with reasonable attorney's fees, if the lender or settlement agent shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error.

(c) An action may not be brought pursuant to this section more than two years after the loan closing has occurred. (Added 2001, No. 55, § 2.)