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1.4.11 What Remedies Are Available?

When a creditor violates Article 9, the consumer has powerful remedies that go far beyond barring a deficiency judgment. These remedies, which are detailed in § 13.2, infra, include:

  • ● Actual damages, which are available for violation of any requirement of Article 9;
  • ● If the collateral is consumer goods, minimum statutory damages of the finance charge plus ten percent of the principal or cash price, which are available for violations of the requirements of Part 6 of Article 9 (Default and Enforcement of Security Interests);
  • ● Supplemental statutory damages of $500 for certain violations of miscellaneous Article 9 requirements;
  • ● Class action relief; and
  • ● Injunctive orders.

In addition, the consumer may have claims under a variety of other laws, the most common of which are

  • ● The Fair Debt Collection Practices Act (see § 13.5.1, infra);
  • ● The state deceptive practices statute (see § 13.4, infra);
  • ● State tort law (see § 13.6, infra);
  • ● State consumer credit statutes (see § 13.5.4, infra); and
  • ● Civil rights laws (see § 13.7, infra).