Civil Liability

(a)Liability Amount. Except as otherwise provided in this Chapter, a merchant who willfully violates this Chapter with respect to a consumer is liable to the consumer in an amount equal to the following:

(1)in an action by an individual consumer, the sum of:

(A)actual damages sustained by the consumer as a result of the violation; and

(B)not less than One Hundred Dollars ($100.00). COL120106 CH. 57 RENTAL PURCHASE AGREEMENTS

(2)In a class action, the amount the court determines to be appropriate with no minimum recovery as to each member. The total recovery in any class action or series of class actions arising out of the same violation shall not be more than the lesser of Five Hundred Thousand Dollars ($500,000.00) or one percent (1%) of the net worth of the merchant.

(3)If a particular rental-purchase agreement has more than one

(1)consumer, only one

(1)recovery of damages is allowed for a violation of this Chapter. Multiple violations in connection with a single rental-purchase agreement entitle the consumer, or multiple consumers, to only one

(1)recovery under this Chapter.

(b)Statute of Limitations.

(1)Actions to Enforce Act. An action under this Section may be brought in the Superior Court of Guam or other court of competent jurisdiction, but not later than one

(1)year after the date of the occurrence of the violation.

(2)Defense. This Subsection does not bar a consumer from asserting a violation of this Chapter in an action to collect a debt brought more than one

(1)year after the date of the occurrence of the violation as a matter of defense by recoupment or set off, except as otherwise provided by Guam law.

(c)Offset.

(1)Limitations. A consumer may not take any action to offset any amount for which a merchant is potentially liable under Subsection

(a)against any amount owed by the consumer, unless the amount of the merchant's liability has been determined by judgment of a court of competent jurisdiction in an action in which the merchant was a party.

(2)Constructions. This Subsection does not bar a consumer who is in default on the obligation from asserting a violation of this Chapter as an original action, or as a defense or counterclaim to an action brought by the merchant to collect amounts owed by the consumer.