Idaho State Statutes - Idaho Attorney Directory

(1) After demand, the
administrator may bring a civil action against a creditor to recover actual
damages sustained and excess charges paid by one (1) or more debtors who have
a right to recover explicitly granted by this act. In a civil action under
this subsection, penalties may not be recovered by the administrator. The
court shall order amounts recovered under this subsection to be paid to each
debtor or set off against his obligation. A debtor's action, except a class
action, takes precedence over a prior or subsequent action by the
administrator with respect to the claim of that debtor. A debtor's class
action takes precedence over a subsequent action by the administrator with
respect to claims common to both actions, but the administrator may intervene.
An administrator's action on behalf of a class of debtors takes precedence
over a debtor's subsequent class action with respect to claims common to both
actions. Whenever an action takes precedence over another action under this
subsection, the latter action may be stayed to the extent appropriate while
the precedent action is pending and dismissed if the precedent action is
dismissed with prejudice or results in a final judgment granting or denying
the claim asserted in the precedent action. A defense available to a creditor
in a civil action brought by a debtor is available to him in a civil action
brought under this subsection.
(2) The administrator may bring a civil action against a creditor or a
person acting in his behalf to recover a civil penalty of no more than five
thousand dollars ($5,000) for repeatedly and intentionally violating this act.
A civil penalty pursuant to this subsection may not be imposed for a violation
of this act occurring more than two (2) years before the action is brought.
(3) The administrator may bring a civil action against a creditor for
failure to file notification in accordance with the provisions on
notification, section 28-46-202, Idaho Code, or to pay fees in accordance with
the provisions on fees, section 28-46-203, Idaho Code, to recover the fees the
defendant has failed to pay and a civil penalty in an amount determined by the
court not exceeding the greater of three (3) times the amount of fees the
defendant has failed to pay or one thousand dollars ($1,000), plus the
administrator's costs and attorney's fees.

Click here to visit the Official Idaho State Statutes