Section 23062 Of Article 2. Penalties For Misconduct From California Financial Code >> Division 10. >> Chapter 3. >> Article 2.
23062
. (a) If any provision of this division is violated in the
making or collection of 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 and may collect
or receive only the principal amount.
(b) Subdivision (a) shall not apply to a violation 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 30 days of discovering the error the licensee
notified the customer of the error and rectified the error by making
the appropriate changes in the documents or account and by taking
other action necessary to correct the error.