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This entry was published on 2020-10-02
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SECTION 705
Penalties and other provisions
Financial Services Law (FIS) CHAPTER 18-A, ARTICLE 7
§ 705. Penalties and other provisions. (a) If the superintendent
finds, after notice and hearing, that a consultant has knowingly
violated any provision of this article and the violation was material,
the superintendent may: (1) make null and void any agreement between the
borrower and the consultant; and (2) impose a civil penalty of not more
than ten thousand dollars for each violation.

(b) If the consultant violates any provision of this article and the
borrower suffers damage because of the violation, the borrower may
recover actual and consequential damages and costs from the consultant
in an action based on this article. If the consultant recklessly
violates any provision of this article, the court may award attorneys'
fees and costs. If the consultant intentionally violates any provision
of this article, the court may award treble damages, attorneys' fees and
costs.

(c) Any provision of a student debt consulting contract that attempts
or purports to limit the liability of the consultant under this article
shall be null and void. Inclusion of such provision shall at the option
of the borrower render the contract void. Any provision in a contract
which attempts or purports to require arbitration of any dispute arising
under this article shall be void at the option of the borrower. Any
waiver of the provisions of this article shall be void and unenforceable
as contrary to public policy.

(d) The provisions of this article are not exclusive and are in
addition to any other requirements, rights, remedies, and penalties
provided by law.