Current through 2024 Regular Session legislation effective June 6, 2024
Section 646.641 - Civil action for unlawful collection practice; damages; attorney fees; time for commencing action(1) Any person injured as a result of willful use or employment by another person of an unlawful collection practice may bring an action in an appropriate court to enjoin the practice or to recover actual damages or $1,000, whichever is greater. The court or the jury may award punitive damages, and the court may provide such equitable relief as it deems necessary or proper.(2) In any action brought by a person under this section, the court may award reasonable attorney fees and costs at trial and on appeal to a prevailing plaintiff. The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing defendant only if the court finds that the plaintiff had no objectively reasonable basis for bringing the action or asserting the ground for appeal.(3) Actions brought under this section shall be commenced within three years from the date of the injury.Amended by 2024 Ch. 100,§ 30, eff. 4/4/2024.1977 c.184 §3; 1981 c.897 §79; 1995 c.618 §99