22 Guam Code Ann. § 57111
Terms Used In 22 Guam Code Ann. § 57111
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Statute: A law passed by a legislature.
(1) in an action by an individual consumer, the sum of:
(A) actual damages sustained by the consumer as a result of the violation; and
(B) not less than One Hundred Dollars ($100.00).
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22 Guam Code Ann. BUSINESS REGULATIONS
CH. 57 RENTAL PURCHASE AGREEMENTS
(2) In a class action, the amount the court determines to be appropriate with no minimum recovery as to each member. The total recovery in any class action or series of class actions arising out of the same violation shall not be more than the lesser of Five Hundred Thousand Dollars ($500,000.00) or one percent (1%) of the net worth of the merchant.
(3) If a particular rental-purchase agreement has more than one (1) consumer, only one (1) recovery of damages is allowed for a violation of this Chapter. Multiple violations in connection with a single rental-purchase agreement entitle the consumer, or multiple consumers, to only one (1) recovery under this Chapter.
(b) Statute of Limitations.
(1) Actions to Enforce Act. An action under this Section may be brought in the Superior Court of Guam or other court of competent jurisdiction, but not later than one (1) year after the date of the occurrence of the violation.
(2) Defense. This Subsection does not bar a consumer from asserting a violation of this Chapter in an action to collect a debt brought more than one (1) year after the date of the occurrence of the violation as a matter of defense by recoupment or set off, except as otherwise provided by Guam law.
(c) Offset.
(1) Limitations. A consumer may not take any action to offset any amount for which a merchant is potentially liable under Subsection (a) against any amount owed by the consumer, unless the amount of the merchant’s liability has been determined by judgment of a court of competent jurisdiction in an action in which the merchant was a party.
(2) Constructions. This Subsection does not bar a consumer who is in default on the obligation from asserting a violation of this Chapter as an original action, or as a defense or counterclaim to an action brought by the merchant to collect amounts owed by the consumer.