LD 686
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LR 654
Item 1

 
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.

 
Sec. 14. 9-A MRSA §10-401, as amended by PL 1993, c. 495, §5, is
further amended to read:

 
§10-401. Effects of violations on rights of parties

 
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:

 
1. After notice and hearing, a cease and desist order from
the administrator;

 
2. After notice and hearing, forfeiture of such portion of
the required bond as proportionately may make aggrieved parties
whole;

 
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;

 
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

 
5. Revocation, suspension or nonrenewal of its registration
pursuant to section 2-303 license.


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