§477E-4 - Civil remedies. - Hawaii Statutes

     [§477E-4]  Civil remedies.  (a)  Any creditor who fails to comply with any requirement imposed under this chapter shall be liable to the aggrieved applicant in an amount equal to the sum of any actual damages sustained by such applicant.

     (b)  Any creditor who fails to comply with any requirement imposed under this chapter shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000, as determined by the court, in addition to any actual damages provided in subsection (a); provided that in pursuing the recovery allowed under this subsection, the applicant may proceed only in an individual capacity and not as a representative of a class.

     (c)  Whenever a creditor fails to comply with any requirement imposed under this chapter, an aggrieved applicant may institute a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other action.

     (d)  In any successful action to enforce the foregoing liability or preventive action, the costs of the action, together with a reasonable attorney's fee, as determined by the court, shall be added to any damages awarded by the court under subsections (a), (b), and (c) of this section.

     (e)  Any action under this chapter shall be brought within one year from the last date of the occurrence of any violation, or within one year from the date on which the applicant learned, or should have learned, of the violation. [L 1975, c 109, pt of §1]