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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 14A, § 14A-5-202: Effect of violations on rights of parties

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Where this section sits in the code
  1. OK Code
  2. Title 14A

(1) If a creditor has violated the provisions of this act

applying to certain negotiable instruments (Section 2-403 of this

title), or limitations on the schedule of payments or loan term for

supervised loans (Section 3-512 of this title), the debtor is not

obligated to pay the credit service charge or loan finance charge

and has a right to recover from the person violating this act or

from an assignee of that person's rights who undertakes direct

collection of payments or enforcement of rights arising from the

debt a penalty in an amount determined by the court not in excess of

three times the amount of the credit service charge or loan finance

charge. No action pursuant to this subsection may be brought more

than one (1) year after the due date of the last scheduled payment

of the agreement with respect to which the violation occurred.

(2) If a creditor has violated the provisions of this act

applying to authority to make supervised loans (Section 3-502 of

this title), the loan is void and the debtor is not obligated to pay

either the principal or loan finance charge. If he has paid any

part of the principal or of the loan finance charge, he has a right

to recover the payment from the person violating this act or from an

assignee of that person's rights who undertakes direct collection of

payments or enforcement of rights arising from the debt. With

respect to violations arising from loans made pursuant to revolving

loan accounts, no action pursuant to this subsection may be brought

more than two (2) years after the violation occurred. With respect

to violations arising from other loans, no action pursuant to this

subsection may be brought more than one (1) year after the due date

of the last scheduled payment of the agreement pursuant to which the

charge was paid.

(3) Any creditor or servicer who fails to comply with any

requirement for subsection 10 mortgages under Section 10 of this

act, with respect to any person is liable to that person in an

amount equal to the sum of all finance charges and fees paid by the

consumer, unless the creditor demonstrates that the failure to

comply is not material. No action pursuant to this subsection may

be brought more than one (1) year after the due date of the last

scheduled payment of the agreement with respect to which the

violation occurred.

(4) A debtor is not obligated to pay a charge in excess of that

allowed by this act, and if the debtor has paid an excess charge

the debtor has a right to a refund. A refund may be made by

reducing the debtor's obligation by the amount of the excess charge.

If the debtor has paid an amount in excess of the lawful obligation

under the agreement, the debtor may recover the excess amount from

the person who made the excess charge or from an assignee of that

person's rights who undertakes direct collection of payments from or

enforcement of rights against debtors arising from the debt.

cing the debtor's obligation by the amount of the excess charge.

If the debtor has paid an amount in excess of the lawful obligation

under the agreement, the debtor may recover the excess amount from

the person who made the excess charge or from an assignee of that

person's rights who undertakes direct collection of payments from or

enforcement of rights against debtors arising from the debt.

(5) If a debtor is entitled to a refund and a person liable to

the debtor refuses to make a refund within a reasonable time after

demand, the debtor may recover from that person a penalty in an

amount determined by a court not exceeding the greater of either the

amount of the credit service or loan finance charge or ten times the

amount of the excess charge. If the creditor has made an excess

charge in deliberate violation of or in reckless disregard for this

act, the penalty may be recovered even though the creditor has

refunded the excess charge. No penalty pursuant to this subsection

may be recovered if a court has ordered a similar penalty assessed

against the same person in a civil action by the Administrator

(Section 6-113 of this title). With respect to excess charges

arising from sales made pursuant to revolving charge accounts or

from loans made pursuant to revolving loan accounts, no action

pursuant to this subsection may be brought more than two (2) years

after the time the excess charge was made. With respect to excess

charges arising from other consumer credit sales or consumer loans,

no action pursuant to this subsection may be brought more than one

(1) year after the due date of the last scheduled payment of the

agreement pursuant to which the charge was made.

(6) Except as otherwise provided, no violation of this act

impairs rights on a debt.

(7) If an employer discharges an employee in violation of the

provisions prohibiting discharge (Section 5-106 of this title), the

employee may within thirty (30) days bring a civil action for

recovery of wages lost as a result of the violation and for an order

requiring the reinstatement of the employee. Damages recoverable

shall not exceed lost wages for six (6) weeks.

(8) If the creditor establishes by a preponderance of evidence

that a violation is unintentional or the result of a bona fide error

no liability is imposed under subsections (1), (2) and (5) of this

section and the validity of the transaction is not affected.

(9) In any case in which it is found that a creditor has

violated this act, the court may award reasonable attorney fees

incurred by the debtor.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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