Guam § 32110 - Notice: Offer of Settlement.

§ 32110. Notice: Offer of Settlement.

(a) As a prerequisite to filing a suit seeking damages under

this chapter against any person by a consumer not represented by

the Attorney General, a consumer shall give written notice to the

person at least thirty (30) days before filing the suit advising the

person, in reasonable detail, of the consumer’s specific complaint

and the amount of actual damages and expenses, including

attorney’s fees, if any, reasonable incurred by the consumer in

asserting the claim against the party. During the thirty-(30-)day

period a written request to inspect, in a reasonable manner and at

a reasonable time and place, the goods that are the subject of the

consumer’s action or claim may be presented to the consumer. If

the goods weigh less than fifty (50) pounds and were purchased

from a merchant, the consumer shall take the goods to the

merchant’s place of business for such inspection. If the consumer

unreasonably refuses to permit the inspection, he can receive only

restitution or damages up to the cost of the item, with no other

damages, costs, or attorneys fees. After the action is filed, the

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court shall order inspection. If the claimant unreasonably refuses,

the court shall dismiss the claim.

(b) If the thirty (30) days written notice is given within one

hundred twenty (120) days of the running of the statute of

limitations, giving the notice as required by this section shall have

the effect of extending the statute of limitations until the one

hundred twenty-first (121st) day after the giving of the notice.

(c) Any person who receives the written notice provided by

subsection (a) of this section may, within thirty (30) days after the

receipt of the notice, tender to the consumer a written offer of

settlement, including an agreement to reimburse the consumer for

the attorney’s fees, if any, reasonably incurred by the consumer in

asserting his claim up to the date of the written notice. A person

who does not receive such a written notice due to the consumer’s

suit or counterclaim being filed as provided in subsection (b) of

this section may, within thirty (30) days after the filing of such

suit or counterclaim, tender to the consumer a written offer of

settlement, including an agreement to reimburse the consumer for

the attorney’s fees, if any, reasonably incurred by the consumer in

asserting his claim up to the date the suit or counterclaim was

filed. Any offer of settlement not accepted within thirty (30) days

of receipt by the consumer shall be deemed to have been rejected

by the consumer.

(d) A settlement offer made in compliance with subsection

(c) of this section, if rejected by the consumer, may be filed with

the court together with an affidavit certifying its rejection. If the

amount tendered in the settlement offer is the same as or more

than, or if the court finds that amount to be substantially the same

as, the actual damages found by the trier of fact, the consumer may

not recover an amount in excess of the amount tendered in the

settlement offer or the amount of actual damages found by the trier

of fact, whichever is less.

(e) The tender of an offer of settlement is not an admission

of engaging in an unlawful act or practice or of liability under this

chapter. Evidence of a settlement offer may be introduced only to

determine the reasonableness of the settlement offer provided for

by subsection (d) of this section.

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(f) If a suit is brought against a consumer over a transaction

that is covered by the provisions of this chapter, the consumer may

raise any defenses permitted by this chapter relating to the

transaction, including allegations of violations of this chapter

which may be raised as affirmative defenses, without need for a

demand or settlement offer to the other party.