Section 45.29.625. Remedies for secured party's failure to comply with chapter.

   (a) If it is established that a secured party is not proceeding in accordance with this chapter, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.
   (b) Subject to (c), (d), and (f) of this section, a person is liable for damages in the amount of any loss caused by a failure to comply with this chapter. Loss caused by a failure to comply may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative financing.
   (c) Except as otherwise provided in AS 45.29.628,
        (1) a person who, at the time of the failure, was a debtor or an obligor or held a security interest in or other lien on the collateral may recover damages under (b) of this section for its loss; and
        (2) if the collateral is consumer goods, a person who was a debtor or secondary obligor at the time a secured party failed to comply with AS 45.29.601 - 45.29.628 may recover for that failure in any event an amount not less than the credit service charge plus 10 percent of the principal amount of the obligation or the time-price differential plus 10 percent of the cash price.
   (d) A debtor whose deficiency is eliminated under AS 45.29.626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under AS 45.29.626 may not otherwise recover under (b) of this section for noncompliance with the provisions of AS 45.29.601 - 45.29.628 relating to collection, enforcement, disposition, or acceptance.
   (e) In addition to damages recoverable under (b) of this section, the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover $500 in each case from a person that
        (1) fails to comply with AS 45.29.208;
        (2) fails to comply with AS 45.29.209;
        (3) files a record that the person is not entitled to file under AS 45.29.509(a);
        (4) fails to cause the secured party of record to file or send a termination statement as required by AS 45.29.513(a) or (c);
        (5) fails to comply with AS 45.29.616(b)(1) and whose failure is part of a pattern, or consistent with a practice, of noncompliance; or
        (6) fails to comply with AS 45.29.616(b)(2).
   (f) A debtor or consumer obligor may recover damages under (b) of this section and, in addition, $500 in each case from a person who, without reasonable cause, fails to comply with a request under AS 45.29.210. A recipient of a request under AS 45.29.210 who never claimed an interest in the collateral or obligations that are the subject of a request under that section has a reasonable excuse for failure to comply with the request within the meaning of this subsection.
   (g) If a secured party fails to comply with a request regarding a list of collateral or a statement of account under AS 45.29.210, the secured party may claim a security interest only as shown on the list or statement included in the request as against a person who is reasonably misled by the failure.

Authorities

45.29.602;45.29.628

Notes

References

AS 45.29.602 Waiver and variance of rights and duties.
AS 45.29.628 Nonliability and limitation on liability of secured party; liability of secondary obligor.

History

(Sec. 1 ch 113 SLA 2000)