Section 22751 Of Article 2. Consumer Loan Penalties From California Financial Code >> Division 9. >> Chapter 4. >> Article 2.
22751
. (a) If any amount other than or in excess of the charges
permitted by this division is charged or contracted for, or received,
for any reason other than a willful act of the licensee, the
licensee shall forfeit all interest and charges on the loan and may
collect or receive only the principal amount of the loan.
(b) Subdivision (a) shall not apply to an error in computation if
(1) the licensee shows by a preponderance of evidence that the
violation was not intentional and resulted from a bona fide error
notwithstanding the maintenance of procedures reasonably adapted to
avoid any such error, and (2) within 60 days of discovering the error
the licensee notifies the borrower of the error and makes whatever
adjustments in the account are necessary to correct the error.