Section 4978 Of Chapter 3. Enforcement From California Financial Code >> Division 1.7. >> Chapter 3.
4978
. (a) A person who fails to comply with the provisions of this
division is civilly liable to the consumer in an amount equal to any
actual damages suffered by the consumer, plus attorneys fees and
costs. For a willful and knowing violation of this division, the
person shall be liable to the consumer in the amount of fifteen
thousand dollars ($15,000) or the consumers actual damages, whichever
is greater, plus attorneys fees and costs.
(b) (1) If a provision in a contract in a covered loan violates
subdivision (a), (b), (c), (d), (e), or (i) of Section 4973, Section
4979.6, or Section 4979.7, that provision is unenforceable. A court
in which any action is brought by, or on behalf of, an aggrieved
consumer for relief may issue an order or injunction to reform the
terms of the covered loan to conform to the provisions of this
division.
(2) A court may, in addition to any other remedy, award punitive
damages to the consumer upon a finding that such damages are
warranted pursuant to Section 3294 of the Civil Code.
(c) Nothing in this section is intended, nor shall be construed,
to abrogate existing common law provisions prohibiting double
recovery of damages.