Any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor.
Article 12.2Penalties
Section § 1812.6
If someone intentionally breaks any rule in this chapter, they'll be committing a misdemeanor, which is a type of crime that's less serious than a felony.
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Section § 1812.7
If someone doesn't follow the rules in this chapter, they can't collect extra charges like interest or late fees on a contract they hold or buy, if they know about the noncompliance. Plus, the buyer can get back any of those fees they've already paid.
In case of failure by any person to comply with the provisions of this chapter, such person or any person who acquires a contract or installment account with knowledge of such noncompliance is barred from recovery of any finance charge or of any delinquency, collection, extension, deferral or refinance charge imposed in connection with such contract or installment account and the buyer shall have the right to recover from such person an amount equal to any of such charges paid by the buyer.
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Section § 1812.8
This law says that if anyone holding a contract fails to meet its rules, they can fix their mistake, but only under specific conditions. Intentional mistakes can't be corrected, and if fixing a mistake makes the buyer owe more money, it won't count unless the buyer agrees in writing. If the mistake is fixed properly, the contract holder or seller won't be punished. They have 30 days to give the buyer an updated contract. Also, any wrongly collected money should be applied to reduce what the buyer owes.
Notwithstanding the provisions of this article, any failure to comply with any provision of this chapter may be corrected by the holder in accordance with the provisions of this section, provided that a willful violation may not be corrected, and a correction which will increase the amount owed by the buyer or the amount of any payment shall not be effective unless the buyer concurs in writing to the correction. If a violation is corrected by the holder in accordance with the provisions of this section, neither the seller nor the holder shall be subject to any penalty under this article. The correction shall be made by delivery to the buyer of a corrected copy of the
contract within 30 days of the execution of the original contract by the buyer. Any amount improperly collected from the buyer shall be credited against the indebtedness evidenced by the contract.
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Section § 1812.9
If a person intentionally breaks the rules about finance charges on combined contracts, the buyer can get back three times the finance charges paid, plus any late or other fees. The seller can't collect these charges anymore if they violate the rules.
In any case in which a person willfully violates any provision of this chapter in connection with the imposition, computation or disclosures of or relating to a finance charge on a consolidated total of two or more contracts under the provisions of Article 8 (commencing with Section 1808.1) of this chapter, the buyer may recover from such person an amount equal to three times the total of the finance charges and any delinquency, collection, extension, deferral or refinance charges imposed, contracted for or received on all contracts included in the consolidated total and the seller shall be barred from the recovery of any such charges.
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