TITLE 26

BANKS AND BANKING

CHAPTER 22

COLLECTION AGENCIES

26-2245.  Director’s power to enjoin violations. (1) Whenever it appears to the director that any person, or employee or agent thereof, has engaged in or is about to engage in any act or practice or omission constituting a violation of any provision of this act, or any rule or order issued hereunder, he may in his discretion bring an action in any court of competent jurisdiction to enjoin any such acts, practices or omissions and to enforce compliance with this act or any rule adopted or order issued hereunder. Upon a showing that a person, or employee or agent thereof, has engaged in or is about to engage in an act, practice or omission constituting a violation of this act or any rule adopted or order issued hereunder, a permanent or temporary injunction, or restraining order shall be granted and a receiver or conservator may be appointed, which may be the director, for the defendant’s assets. The director shall not be required to furnish a bond.

(2)  In addition to the foregoing, the director, in his discretion and upon a showing in any court of competent jurisdiction that a person has violated any provision of this act or rule adopted or order issued hereunder, may be granted the following additional remedies:

(a)  An order restoring to any person in interest any consideration that may have been acquired or transferred in violation of this act;

(b)  An order that the person violating this act, rule or order issued hereunder, pay a civil penalty to the department in an amount not to exceed five thousand dollars ($5,000) for each violation;

(c)  An order allowing the director to recover costs, which in the discretion of the court may include an amount representing reasonable attorney’s fees and reimbursement for investigative efforts; and

(d)  An order granting other appropriate remedies upon a proper showing.

History:

[26-2245, added 1970, ch. 53, sec. 24, p. 118; am. 2002, ch. 190, sec. 7, p. 549; am. 2008, ch. 347, sec. 26, p. 955.]