6.1-309 - (Repealed effective October 1, 2010) Penalty for violation of chapter, regulation or order of Commission by licensee. - Virginia Statutes

§ 6.1-309. (Repealed effective October 1, 2010) Penalty for violation ofchapter, regulation or order of Commission by licensee.

A. If any amount other than or in excess of the charges permitted by thischapter is charged and received by a licensee, such excess charge actuallyreceived by a licensee shall be refunded to the borrower or credited to theborrower's account. In addition, except as the result of a bona fide errorof computation which was not made pursuant to a regular course of dealing,the licensee shall be liable to the borrower for a penalty of twice theamount of such excess charge actually received by the licensee and for anycourt costs and reasonable attorney's fees incurred by the borrower.

B. Any licensee violating any provision of this chapter or of any regulationor order of the Commission, either knowingly or without the exercise of duecare to prevent the violation, shall be subject to a fine, to be imposed bythe Commission, of not more than $10,000. In any proceeding under thissubsection, no licensee shall be penalized for any act or omission done inreasonable reliance on any regulation, order, letter or other writtendirective or request of the Commission.

(Code 1950, § 6-338; 1956, c. 71; 1966, c. 584; 1976, c. 658; 1986, c. 502.)