(a) A consumer damaged by a violation of this chapter by a merchant is entitled to recover from the merchant:
Terms Used In Alabama Code 8-25-6
- consumer: An individual who leases personal property under a rental-purchase agreement. See Alabama Code 8-25-1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- merchandise: The personal property that is the subject of a rental-purchase agreement. See Alabama Code 8-25-1
- merchant: A person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement, and includes a person who is assigned an interest in a rental-purchase agreement. See Alabama Code 8-25-1
(1) Actual damages;
(2) Twenty-five percent of an amount equal to the total amount of payments required to obtain ownership of the merchandise involved, except that the amount recovered under this subdivision may not be less than $100 nor more than $1,000; and
(3) Reasonable attorney’s fees not to exceed 15 percent of the consumer’s allowable recovery and court costs.
(b) A merchant is not liable under this section for a violation of this chapter caused by the merchant’s error if before the sixty-first day after the date the merchant discovers the error, and before an action under this section is filed or written notice of the error is received by the merchant from the consumer, the merchant gives the consumer written notice of the error and makes adjustments in the consumer’s account as necessary to assure that the agreement complies with this chapter.