15-8-12 - Lessor's defenses. - Utah Statutes

15-8-12. Lessor's defenses.
(1) If a lessor established by a preponderance of evidence that a violation of this chapteris unintentional or the result of a bona fide error, no penalty specified in Section 15-8-11 may beimposed and the validity of the transaction is not affected.
(2) A lessor has no liability under this part for any failure to comply with any requirementimposed under this chapter if, within 60 days after discovering an error, and prior to theinstitution of an action under this chapter or the receipt of written notice of the error from theconsumer, the lessor notifies the affected consumer of the error and makes whatever adjustmentsin the consumer's account as are necessary to correct the error.
(3) A penalty does not apply if any action is performed or omitted in good faith and inconformity with any provision of this chapter, notwithstanding that after an action or omission hasoccurred, the provision of the chapter is, for any reason, amended, rescinded, or determined byjudicial or other competent authority to be invalid.

Enacted by Chapter 251, 1993 General Session