§ 26-76. Violations, penalties and enforcement.

(a)

The following acts shall constitute violations of this article:

(1)

Failure to comply with any provision of this article;

(2)

Committing any act of fraud, misrepresentation, deceit or gross negligence in any title loan transaction under this article regardless of reliance by or damage to the borrower;

(3)

Fraudulently misrepresenting, circumventing, or concealing any matter required to be stated or furnished to a borrower pursuant to this article;

(4)

Willful imposition of illegal charges on any title loan transaction;

(5)

Failing to maintain, preserve and keep available for examination by the county through its law enforcement officers, all books, accounts, or other documents required by this article, or by state or federal law;

(6)

Aiding, abetting, or conspiring with an individual to circumvent or violate any of the requirements of this article or state or federal law regulating title loan lenders;

(7)

Refusing to permit an inspection of the records or document required to be kept by this article in a law enforcement investigation or examination;

(8)

Engaging in criminal conduct in the course of business as a title loan lender;

(9)

Knowingly entering into a title loan agreement with a person under the age of 18 years;

(10)

Making any agreement that requires or allows for the personal liability of the borrower or the waiver of any of the provisions of this article or F.S. ch. 679, pt. V;

(11)

Knowingly entering into a title loan agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apparent, or with any person using a name other than his own name or the registered name of his business;

(12)

Entering into a title loan agreement in which the amount of money advanced in consideration for the loan secured by any single certificate of title exceeds one-third of the wholesale value of the motor vehicle. The wholesale value of any motor vehicle shall be determined by reference to the most current edition available of the "Southeastern Edition of the National Automobile Dealer's Association Official Used Car Guide";

(13)

Failing to exercise reasonable care in the safekeeping of a certificate of title or motor vehicle repossessed pursuant to this article;

(14)

Failing to return a certificate of title or repossessed motor vehicle to a borrower with any and all of the title lender's liens on the property released within 30 days of the payment of the full amount due, unless the loan property has been seized or impounded by an authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by court order;

(15)

Refusing to accept partial repayment of the principal amount financed when all accrued finance charges have been paid;

(16)

Charging a prepayment penalty or a late fee;

(17)

Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title loan agreement which would cause the new principal amount to exceed one-third of the value of the automobile;

(18)

Charging or receiving any finance charge, interest, cost, or fee which is not permitted by this article;

(19)

Assigning or transferring a motor vehicle title loan agreement to another person or entity;

(20)

In any practice or transaction or course of business relating to the making of a title loan, negotiation, promotion, or advertisement of a title loan transaction, directly or indirectly:

a.

To knowingly or willingly employ any device, scheme or article to defraud;

b.

To engage in any transaction, practice or course of business which operates as a fraud upon any person in connection with the purchase or a sale of any title loan; or

c.

To obtain property by fraud, willful misrepresentation of a future act or false promise;

(21)

In any manner within the jurisdiction of Volusia County, to knowingly and willfully falsify, conceal or cover up by a trick, scheme, or device a material fact, make any false or fraudulent statement or representation, or make or use any false writing or document, knowing the same to contain any false or fraudulent statement or entry; and

(22)

Granting a motor vehicle title loan in which the borrower has granted a security interest in a mobile home title certificate to the title loan lender; and

(23)

Engaging in false, deceptive, or misleading collection practices by a title loan lender.

(b)

In addition to any civil remedy available to Volusia County under this article, the violation of any part of this article shall be punishable in the manner provided by F.S. § 125.69.

(c)

Any borrower injured by a violation of this article may bring a civil action against a title loan lender violating the provisions of this article in a court of competent jurisdiction in Volusia County. Upon adverse adjudication, the title loan lender shall forfeit the entire interest so charged or contracted to be charged and shall be liable to the borrower for two times the original loan amount, together with court costs and attorney's fees incurred by the borrower. If the court finds that the suit fails to raise a justiciable issue of law or fact, the defendant shall be entitled to an award of court costs and reasonable attorney's fees incurred by the defendant.

(Ord. No. 99-21, § I, 7-1-99)