Class actions

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  • (a) The Director may, in addition to other remedies provided in this chapter, bring a class action on behalf of consumers where appropriate for the actual damages caused by an act or practice declared by law or rule as violating this chapter.

  • (b) On motion of the Director and without bond in action under this section, the court may make appropriate orders, including appointment of a receiver to reimburse consumers found to have been damaged, or to carry out a transaction in accordance with the consumer's reasonable expectations, or to strike or limit the application of unconscionable clauses of contracts to avoid an unconscionable result, or to grant other appropriate relief. The court may assess the expenses of a receiver against a merchant.

  • (c) If a merchant shows by a preponderance of the evidence that a violation of this subchapter resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error, recovery under this section is limited to the amount, if any, by which the merchant was unjustly enriched by the violation.

  • (d) If an act or practice that violates this chapter unjustly enriches a merchant and damages can be computed with reasonable certainty, damages recoverable on behalf of consumers who cannot be located with due diligence shall escheat to the Government of the United States Virgin Islands.

  • (e) No action may be brought by the Director under this section more than two years after the occurrence of a violation of this chapter, or more than one year after the last payment in a consumer transaction involved in a violation of this chapter, whichever is later.


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