P.R. Laws tit. 10, § 2465
(a) Penalties. — The Secretary may impose an administrative fine on any person who violates the provisions of this chapter, which shall not exceed five thousand dollars ($5,000) for each violation.
(b) Violations. — In the event of any violation of the provisions of this chapter related to any transaction, the lessee in said transaction may recover from the person who commits the violation, or introduce the defense of compensation or reconvention in any action of said person, real damages with a minimum recovery of three hundred dollars ($300.00), or twenty-five percent (25%) of the pending price, at the moment of stating his claim, whichever is greater.
(c) Grace period. — Notwithstanding what is provided in this section, any failure to comply with this chapter may be corrected by the lessor within ten (10) days following the date of perfection of the lease contract with a purchase option and, if it has been corrected, neither the lessor nor any owner shall be subject to the penalty established in this section.
(d) Limitation of liability. — A lessor shall not be liable under this section for damages in excess of the real damage suffered by the lessee if the lessor shows by preponderance of evidence that the violation resulted from a bona fide error despite the implementation by lessor of reasonably established procedures to prevent the error. As it is used in this section, “bona fide error” includes, but is not limited to: clerical errors, computation errors, computer errors, and programming and printing errors.
(e) Class actions; limitation of liability. — Regardless of what is provided in any other provision of this chapter, in any class action for violations of its provisions, the total compensation resulting from the noncompliance shall not be greater than the lesser amount between five hundred thousand dollars ($500,000.00) or an amount equal to one percent (1%) of the lessor’s assets.
History —Apr. 13, 2000, No. 67, § 16, eff. 30 days after Apr. 13, 2000.