{"data":{"id":"us-ok/okla.-stat.-tit.-14a-14a-6-113","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 14A, § 14A-6-113","heading":"Civil actions by Administrator","body":"(1) After demand, the Administrator of Consumer Credit may\n\nbring a civil action against a creditor for making or collecting\n\ncharges in excess of those permitted by the Uniform Consumer Credit\n\nCode. An action may relate to transactions with more than one\n\ndebtor. If it is found that an excess charge has been made, the\n\ncourt shall order the respondent to refund to the debtor or debtors\n\nthe amount of the excess charge. If a creditor has made an excess\n\ncharge in deliberate violation of or in reckless disregard for the\n\nUniform Consumer Credit Code, or if a creditor has refused to refund\n\nan excess charge within a reasonable time after demand by the debtor\n\nor the Administrator the court may also order the respondent to pay\n\nto the debtor or debtors a civil penalty in an amount determined by\n\nthe court not in excess of the greater of either the amount of the\n\ncredit service or loan finance charge or ten times the amount of the\n\nexcess charge. Refunds and penalties to which the debtor is\n\nentitled pursuant to this subsection may be set off against the\n\ndebtor's obligation. If a debtor brings an action against a\n\ncreditor to recover an excess charge or civil penalty an action by\n\nthe Administrator to recover for the same excess charge or civil\n\npenalty shall be stayed while the debtor's action is pending and\n\nshall be dismissed if the debtor's action is dismissed with\n\nprejudice or results in a final judgment granting or denying the\n\ndebtor's claim. With respect to excess charges arising from sales\n\nmade pursuant to revolving charge accounts or from loans made\n\npursuant to revolving loan accounts, no action pursuant to this\n\nsubsection may be brought more than two (2) years after the time the\n\nexcess charge was made. With respect to excess charges arising from\n\nother consumer credit sales or consumer loans, no action pursuant to\n\nthis subsection may be brought more than one (1) year after the due\n\ndate of the last scheduled payment of the agreement pursuant to\n\nwhich the charge was made. If the creditor establishes by a\n\npreponderance of evidence that a violation is unintentional or the\n\nresult of a bona fide error, no liability to pay a penalty shall be\n\nimposed under this subsection.\n\n(2) The Administrator may bring a civil action against a\n\ncreditor or a person acting in his behalf to recover a civil penalty\n\nfor willfully violating the Uniform Consumer Credit Code, and if the\n\ncourt finds that the defendant has engaged in a course of repeated\n\nand willful violations of the Uniform Consumer Credit Code, it may\n\nassess a civil penalty of no more than Five Thousand Dollars\n\n($5,000.00). No civil penalty pursuant to this subsection may be\n\nimposed for violations of the Uniform Consumer Credit Code occurring\n\nmore than two (2) years before the action is brought or for making\n\nunconscionable agreements or engaging in a course of fraudulent or\n\nunconscionable conduct.\n\n(3) Any entity or individual offering to engage or engaged in\n\nmaking consumer credit sales, consumer leases, consumer loans or\n\nsupervised loans in this state without a license or notification\n\nfiling required by this title shall be subject to a civil penalty\n\nnot to exceed Five Thousand Dollars ($5,000.00).\n\n(4) The Administrator may impose a civil penalty as prescribed\n\nin subsection (3) of this section, after notice and hearing as\n\nprovided in Section 3-505 of this title and in accordance with\n\nArticle II of the Administrative Procedures Act. Any administrative\n\norder or settlement agreement imposing a civil penalty pursuant to\n\nthis section may be enforced in the same manner as civil judgments\n\nin this state. The Administrator may file an application to enforce\n\nan administrative order or settlement agreement imposing a civil\n\npenalty in the district court of Oklahoma County.","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":"56c5e70c82456e950fe33d1ac1a45f54c4a44f98eb0669290dcad7af0616bf7a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-14a-14a-6-112","next":"us-ok/okla.-stat.-tit.-14a-14a-6-114"},"notice":"GroundRules: Original legal text. Not legal advice."}