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Governors of the Federal Reserve System, 12 Code of Federal | Regulations, Part 216 (2001); the Federal Deposit Insurance | Corporation, 12 Code of Federal Regulations, Part 332 (2001); the | Office of Thrift Supervision, 12 Code of Federal Regulations, Part | 573 (2001); the National Credit Union Administration, 12 Code of | Federal Regulations, Part 716 (2001); the Federal Trade Commission, | 16 Code of Federal Regulations, Part 313 (2001); or the Securities | and Exchange Commission, 17 Code of Federal Regulations, Part 248 | (2001), if the credit services organization loan broker is a | financial institution as defined in those regulations. This | section is not intended to permit the release of health care | information except as permitted by Title 22, section 1711-C or | Title 24-A, chapter 24. |
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| | Sec. 14. 9-A MRSA §10-401, as amended by PL 1993, c. 495, §5, is | further amended to read: |
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| §10-401. Effects of violations on rights of parties |
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| | Any credit services organization loan broker that violates any | provision of this Title or any rule issued by the administrator, | or that through any unfair, unconscionable or deceptive practice | causes actual damage to a consumer, is subject to the following: |
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| | 1. After notice and hearing, a cease and desist order from | the administrator; |
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| | 2. After notice and hearing, forfeiture of such portion of | the required bond as proportionately may make aggrieved parties | whole; |
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| | 3. A civil action, by the administrator through the Attorney | General, after which a court may assess a civil penalty of not | more than $5,000; |
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| | 4. A civil action by an aggrieved consumer in which that | consumer has the right to recover actual damages from the credit | services organization loan broker in an amount determined by the | court, plus costs of the action together with reasonable | attorney's fees; and |
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| | 5. Revocation, suspension or nonrenewal of its registration | pursuant to section 2-303 license. |
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