358-P:11 Enforcement; Penalties. –
I. (a) A rent-to-own dealer who fails to comply with the requirements of this chapter is liable to the consumer damaged thereby in an amount equal to the greater of:
(1) The actual damages sustained by the consumer as a result of the rent-to-own dealer's failure to comply with this chapter; or
(2) 25 percent of the total of payments necessary to acquire ownership, but not less than $100 nor more than $1,000.
(b) A rent-to-own dealer who fails to comply with this chapter is also liable to the consumer for the costs of the action and reasonable attorney's fees as determined by the court.
II. A consumer may not take any action to offset the amount for which a rent-to-own dealer is potentially liable under paragraph I against any amount owed by the consumer, unless the amount of the dealer's liability has been determined by judgment of a court of competent jurisdiction in an action in which the rent-to-own dealer was a party. This section shall not bar a consumer then in default on an obligation from asserting a violation of this chapter as an original action, or as a defense or counterclaim, to an action brought by a rent-to-own dealer against the consumer.
III. The provisions of this section are in addition to any other rights or remedies available in this state.
IV. No action under this section shall be brought in any court of competent jurisdiction more than one year after the date the consumer made the last rental payment or more than one year after the date of the occurrence of the violation that is the subject of the suit, whichever is later.