RSA 358-C:4 · Remedies

358-C:4 Remedies. –

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I.

Any debt collector who violates the provisions of this chapter shall be liable in any court of competent jurisdiction to the debtor for one of the following, whichever is greater:

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(a)

In an action brought by and on behalf of an individual debtor only, the sum of $200 plus costs and reasonable attorney's fees for each violation, or

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(b)

For all damages proximately caused by the violation.

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II.

Notwithstanding the foregoing, a debt collector shall not be held liable in any action brought under this chapter for a violation if the debt collector shows by a preponderance of the evidence that:

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(a)

The violation was a result of a computation error in billing and within 15 days of notification or discovery of said error the debt collector notified the debtor of such error and corrected such error; or

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(b)

The violation was not intentional and resulted from a bona fide error or mistake notwithstanding the maintenance of procedures reasonably adapted to avoid any such error or mistake.

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III.

In any suit to collect a debt, the debtor may raise, by way of counterclaim, set-off or recoupment, a violation of this chapter, and upon proof of a violation by a preponderance of the evidence, the court shall award damages to the defendant pursuant to this section and shall set such damages off against any recovery by the plaintiff.

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IV.

Any debtor aggrieved by a debt collector's practices in violation of this chapter may bring an action individually and/or on behalf of others similarly situated in the superior court of the county in which he resides to restrain such practices by temporary or permanent injunction. If the debtor prevails in an action authorized by this paragraph, he shall be entitled to his costs and reasonable attorney's fees.

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V.

If the court finds that an action initiated under this chapter was frivolous and brought to harass the debt collector, the debtor shall pay to the debt collector the costs of said action plus reasonable attorney fees.

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VI.

Any violation of the provisions of this chapter shall also constitute an unfair and deceptive act or practice within the meaning of RSA 358-A:2 and may be enforced by the attorney general pursuant to RSA 358-A. Source. 1975, 437:1. 1977, 308:1, eff. Aug. 26, 1977. Check Collection Charges

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