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This entry was published on 2014-09-22
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Private remedies
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE V-1, ARTICLE 60
§ 60.05. Private remedies. Any consumer injured by the failure of a
dealer to provide a certificate of authenticity containing the
information required by section 60.02 of this article, or by the
furnishing by a dealer of a certificate of authenticity that contains
information that the dealer knows or has reason to believe is materially
false may bring an action for recovery of damages after giving the
dealer fifteen days notice by certified mail, return receipt requested.
In any such action the court may allow the prevailing consumer the costs
of the action together with reasonable attorney's fees and expert
witnesses' fees. A dealer may assert the tender of a refund of the
original purchase price as a full defense to such an action when such
refund has been tendered prior to the commencement of such action. This
remedy shall not bar or be deemed inconsistent with the exercise of
additional remedies otherwise available to the consumer.