{"data":{"id":"us-ok/okla.-stat.-tit.-14a-14a-5-202","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 14A, § 14A-5-202","heading":"Effect of violations on rights of parties","body":"(1) If a creditor has violated the provisions of this act\n\napplying to certain negotiable instruments (Section 2-403 of this\n\ntitle), or limitations on the schedule of payments or loan term for\n\nsupervised loans (Section 3-512 of this title), the debtor is not\n\nobligated to pay the credit service charge or loan finance charge\n\nand has a right to recover from the person violating this act or\n\nfrom an assignee of that person's rights who undertakes direct\n\ncollection of payments or enforcement of rights arising from the\n\ndebt a penalty in an amount determined by the court not in excess of\n\nthree times the amount of the credit service charge or loan finance\n\ncharge. No action pursuant to this subsection may be brought more\n\nthan one (1) year after the due date of the last scheduled payment\n\nof the agreement with respect to which the violation occurred.\n\n(2) If a creditor has violated the provisions of this act\n\napplying to authority to make supervised loans (Section 3-502 of\n\nthis title), the loan is void and the debtor is not obligated to pay\n\neither the principal or loan finance charge. If he has paid any\n\npart of the principal or of the loan finance charge, he has a right\n\nto recover the payment from the person violating this act or from an\n\nassignee of that person's rights who undertakes direct collection of\n\npayments or enforcement of rights arising from the debt. With\n\nrespect to violations arising from loans made pursuant to revolving\n\nloan accounts, no action pursuant to this subsection may be brought\n\nmore than two (2) years after the violation occurred. With respect\n\nto violations arising from other loans, no action pursuant to this\n\nsubsection may be brought more than one (1) year after the due date\n\nof the last scheduled payment of the agreement pursuant to which the\n\ncharge was paid.\n\n(3) Any creditor or servicer who fails to comply with any\n\nrequirement for subsection 10 mortgages under Section 10 of this\n\nact, with respect to any person is liable to that person in an\n\namount equal to the sum of all finance charges and fees paid by the\n\nconsumer, unless the creditor demonstrates that the failure to\n\ncomply is not material. No action pursuant to this subsection may\n\nbe brought more than one (1) year after the due date of the last\n\nscheduled payment of the agreement with respect to which the\n\nviolation occurred.\n\n(4) A debtor is not obligated to pay a charge in excess of that\n\nallowed by this act, and if the debtor has paid an excess charge\n\nthe debtor has a right to a refund. A refund may be made by\n\nreducing the debtor's obligation by the amount of the excess charge.\n\nIf the debtor has paid an amount in excess of the lawful obligation\n\nunder the agreement, the debtor may recover the excess amount from\n\nthe person who made the excess charge or from an assignee of that\n\nperson's rights who undertakes direct collection of payments from or\n\nenforcement of rights against debtors arising from the debt.\ncing the debtor's obligation by the amount of the excess charge.\n\nIf the debtor has paid an amount in excess of the lawful obligation\n\nunder the agreement, the debtor may recover the excess amount from\n\nthe person who made the excess charge or from an assignee of that\n\nperson's rights who undertakes direct collection of payments from or\n\nenforcement of rights against debtors arising from the debt.\n\n(5) If a debtor is entitled to a refund and a person liable to\n\nthe debtor refuses to make a refund within a reasonable time after\n\ndemand, the debtor may recover from that person a penalty in an\n\namount determined by a court not exceeding the greater of either the\n\namount of the credit service or loan finance charge or ten times the\n\namount of the excess charge. If the creditor has made an excess\n\ncharge in deliberate violation of or in reckless disregard for this\n\nact, the penalty may be recovered even though the creditor has\n\nrefunded the excess charge. No penalty pursuant to this subsection\n\nmay be recovered if a court has ordered a similar penalty assessed\n\nagainst the same person in a civil action by the Administrator\n\n(Section 6-113 of this title). With respect to excess charges\n\narising from sales made pursuant to revolving charge accounts or\n\nfrom loans made pursuant to revolving loan accounts, no action\n\npursuant to this subsection may be brought more than two (2) years\n\nafter the time the excess charge was made. With respect to excess\n\ncharges arising from other consumer credit sales or consumer loans,\n\nno action pursuant to this subsection may be brought more than one\n\n(1) year after the due date of the last scheduled payment of the\n\nagreement pursuant to which the charge was made.\n\n(6) Except as otherwise provided, no violation of this act\n\nimpairs rights on a debt.\n\n(7) If an employer discharges an employee in violation of the\n\nprovisions prohibiting discharge (Section 5-106 of this title), the\n\nemployee may within thirty (30) days bring a civil action for\n\nrecovery of wages lost as a result of the violation and for an order\n\nrequiring the reinstatement of the employee. Damages recoverable\n\nshall not exceed lost wages for six (6) weeks.\n\n(8) If the creditor establishes by a preponderance of evidence\n\nthat a violation is unintentional or the result of a bona fide error\n\nno liability is imposed under subsections (1), (2) and (5) of this\n\nsection and the validity of the transaction is not affected.\n\n(9) In any case in which it is found that a creditor has\n\nviolated this act, the court may award reasonable attorney fees\n\nincurred by the debtor.","path":["OK Code","Title 14A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os14A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"9f05f7023a38a944f2c7e9fd2951d8a0482a0e99ac774457ea6c8c56b2c75c47","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-14a-14a-5-201","next":"us-ok/okla.-stat.-tit.-14a-14a-5-203"},"notice":"GroundRules: Original legal text. Not legal advice."}