Arizona Laws 44-6812. Lessor’s defenses; definition
A. If a lessor establishes by a preponderance of the evidence that a violation of this chapter was unintentional or the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid these errors, a court shall not impose a penalty prescribed in section 44-6811 and validity of the transaction is not affected.
Terms Used In Arizona Laws 44-6812
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Consumer: means an individual who rents personal property under a rental-purchase agreement to be used primarily for personal, family or household purposes. See Arizona Laws 44-6801
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lessor: means a person who, in the ordinary course of business, regularly leases, offers to lease or arranges for the leasing of property under a rental-purchase agreement. See Arizona Laws 44-6801
B. A lessor is not liable under this chapter for any failure to comply with any requirement imposed under this chapter if within sixty days after discovering an error, and before the institution of an action under this chapter or the receipt of written notice of the error from the consumer, the lessor notifies the consumer of the error and makes whatever adjustments in the appropriate account that are necessary to correct the error.
C. For the purposes of this section, "bona fide errors" includes clerical errors, calculation errors, errors due to unintentional, improper computer programming or data entry and printing errors but does not include an error of legal judgment with respect to a lessor’s obligations under this chapter.