§ 8A-124.9. Private cause of action.

(a)

It shall be unlawful for a cleaner to refuse to perform its warranty if a warranty applies. When a warranty applies, a cleaner violates this article in bad faith by failing to perform an applicable warranty within thirty (30) days of a customer's written notice of claim.

(b)

Any person who suffers a loss as a result of a violation of any provision of this article may, in addition to any other available remedy, recover compensatory damages, attorney's fees and court costs from the person committing the violation.

(c)

Any person who proves the violation of any provision of this article occurred willfully or in bad faith shall recover from the person committing the violation as compensatory damages threefold the actual damages sustained, with minimum damages in the amount of two hundred dollars ($200.00), in addition to any other recovery available under law or this article.

(Ord. No. 97-14, § 1, 2-25-97)