Okla. Stat. tit. 14A, § 14A-6-113

This is the official text of Okla. Stat. tit. 14A, § 14A-6-113, part of Oklahoma’s Stat. tit. 14A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 14A,." Browse the sections below, each linked to its official government source.

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Civil actions by Administrator

Official statutory text

(1) After demand, the Administrator of Consumer Credit may

bring a civil action against a creditor for making or collecting

charges in excess of those permitted by the Uniform Consumer Credit

Code. An action may relate to transactions with more than one

debtor. If it is found that an excess charge has been made, the

court shall order the respondent to refund to the debtor or debtors

the amount of the excess charge. If a creditor has made an excess

charge in deliberate violation of or in reckless disregard for the

Uniform Consumer Credit Code, or if a creditor has refused to refund

an excess charge within a reasonable time after demand by the debtor

or the Administrator the court may also order the respondent to pay

to the debtor or debtors a civil penalty in an amount determined by

the court not in excess of the greater of either the amount of the

credit service or loan finance charge or ten times the amount of the

Oklahoma Statutes - Title 14A. Consumer Credit Code Page 217

excess charge. Refunds and penalties to which the debtor is

entitled pursuant to this subsection may be set off against the

debtor's obligation. If a debtor brings an action against a

creditor to recover an excess charge or civil penalty an action by

the Administrator to recover for the same excess charge or civil

penalty shall be stayed while the debtor's action is pending and

shall be dismissed if the debtor's action is dismissed with

prejudice or results in a final judgment granting or denying the

debtor's claim. With respect to excess charges arising from sales

made pursuant to revolving charge accounts or from loans made

pursuant to revolving loan accounts, no action pursuant to this

subsection may be brought more than two (2) years after the time the

excess charge was made. With respect to excess charges arising from

other consumer credit sales or consumer loans, no action pursuant to

this subsection may be brought more than one (1) year after the due

date of the last scheduled payment of the agreement pursuant to

which the charge was made. If the creditor establishes by a

preponderance of evidence that a violation is unintentional or the

result of a bona fide error, no liability to pay a penalty shall be

imposed under this subsection.

(2) The Administrator may bring a civil action against a

creditor or a person acting in his behalf to recover a civil penalty

for willfully violating the Uniform Consumer Credit Code, and if the

court finds that the defendant has engaged in a course of repeated

and willful violations of the Uniform Consumer Credit Code, it may

assess a civil penalty of no more than Five Thousand Dollars

($5,000.00). No civil penalty pursuant to this subsection may be

imposed for violations of the Uniform Consumer Credit Code occurring

more than two (2) years before the action is brought or for making

unconscionable agreements or engaging in a course of fraudulent or

unconscionable conduct.

(3) Any entity or individual offering to engage or engaged in

making consumer credit sales, consumer leases, consumer loans or

supervised loans in this state without a license or notification

filing required by this title shall be subject to a civil penalty

not to exceed Five Thousand Dollars ($5,000.00).

(4) The Administrator may impose a civil penalty as prescribed

in subsection (3) of this section, after notice and hearing as

provided in Section 3-505 of this title and in accordance with

Article II of the Administrative Procedures Act. Any administrative

order or settlement agreement imposing a civil penalty pursuant to

this section may be enforced in the same manner as civil judgments

in this state. The Administrator may file an application to enforce

an administrative order or settlement agreement imposing a civil

penalty in the district court of Oklahoma County.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.