SECTIONS 1812.6-1812.9 - California Statutes

CIVIL CODE

SECTION 1812.6-1812.9

1812.6. Any person who shall willfully violate any provision of
this chapter shall be guilty of a misdemeanor.

1812.7. In case of failure by any person to comply with the
provisions of this chapter, such person or any person who acquires a
contract or installment account with knowledge of such noncompliance
is barred from recovery of any finance charge or of any delinquency,
collection, extension, deferral or refinance charge imposed in
connection with such contract or installment account and the buyer
shall have the right to recover from such person an amount equal to
any of such charges paid by the buyer.

1812.8. Notwithstanding the provisions of this article, any failure
to comply with any provision of this chapter may be corrected by the
holder in accordance with the provisions of this section, provided
that a willful violation may not be corrected, and a correction which
will increase the amount owed by the buyer or the amount of any
payment shall not be effective unless the buyer concurs in writing to
the correction. If a violation is corrected by the holder in
accordance with the provisions of this section, neither the seller
nor the holder shall be subject to any penalty under this article.
The correction shall be made by delivery to the buyer of a corrected
copy of the contract within 30 days of the execution of the original
contract by the buyer. Any amount improperly collected from the buyer
shall be credited against the indebtedness evidenced by the
contract.

1812.9. In any case in which a person willfully violates any
provision of this chapter in connection with the imposition,
computation or disclosures of or relating to a finance charge on a
consolidated total of two or more contracts under the provisions of
Article 8 (commencing with Section 1808.1) of this chapter, the buyer
may recover from such person an amount equal to three times the
total of the finance charges and any delinquency, collection,
extension, deferral or refinance charges imposed, contracted for or
received on all contracts included in the consolidated total and the
seller shall be barred from the recovery of any such charges.