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.
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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