Section 23061 Of Article 2. Penalties For Misconduct From California Financial Code >> Division 10. >> Chapter 3. >> Article 2.
23061
. (a) If any amount other than, or in excess of, the charges
permitted by this division is charged, contracted for, or received in
connection with a deferred deposit transaction, for any reason other
than a willful act of the licensee, the licensee shall forfeit all
charges and fees on the deferred deposit transaction and may collect
or receive only the principal amount of the transaction.
(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 that error, and (2) within 60 days of discovering the error the
licensee notifies the customer of the error and makes whatever
adjustments in the account are necessary to correct the error.