) If a creditor refuses, within a reasonable time after demand, to refund an excess charge, the Administrator may bring a civil action in the Superior Court of Guam against a creditor for making or collecting charges in excess of those permitted by this Title. An action may relate to transactions with more than one (1) debtor. If it is found that an excess charge has been made, the court may order the respondent to refund to the debtor the amount of the excess charge. A refund may be made by reducing the debtor’s obligation by the amount of the excess charge. If the debtor has paid to the creditor an amount in excess of the lawful obligation under the agreement, the excess amount shall be paid to the debtor. If it is found that an excess charge has been made, the court may also order the respondent to pay to the debtor a civil penalty in an amount determined by the court not in excess of the greater if either ten (10) times the amount of the excess charge, or the amount of the credit service or loan finance charge. If a debtor brings an action against a creditor to recover an excess charge, a subsequent action by the Adminis- trator to recover for the same excess charge shall be suspended while the debtor’s action is pending and shall be dismissed if the debtor’s action results in a final judgment granting or denying debtor’s claim. No action pursuant to this Subsection may be brought more than three (3) years after the excess charge was made or more than one (1) year after the date of the last scheduled payment of the agreement pursuant to which the charge was made, whichever is later.

(2) If a creditor has made an excess charge in deliberate violation of or in reckless disregard for this Title, the Administrator may bring a civil

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action in the Superior Court of Guam against the creditor to recover a civil penalty even though he has refunded the excess charge before the Administrator commences the action to recover the penalty. The court may order the respondent to pay to the debtor a penalty in an amount determined by the court not in excess charge, or the amount of the credit service or loan finance charge. If the debtor brings an action against a creditor to recover a penalty pursuant to this Subsection, a subsequent action by the Administrator to recover the same penalty shall be suspended while the debtor’s action is pending and shall be dismissed if the debtor’s action results in a final judgment granting or denying the debtors claim. No action pursuant to this Subsection may be brought more than three (3) years after the excess charge was made or more than one (1) year after the date of the last scheduled payment of the agreement pursuant to which the charge was made, whichever is later.

(3) The Administrator may bring a civil action in the Superior Court of Guam against a creditor or a person acting in his behalf to recover a civil penalty for willfully violating this Title. If the court finds that the defendant has engaged in a course of repeated and willful violations of this Title, 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 making unconscionable agreements or engaging in a course of fraudulent or unconscionable conduct, or for violations of this Title occurring more than one (1) year before the action is brought.

(4) 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 Section.

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