Guam § 57111 - Civil Liability.

§ 57111. Civil Liability.

(a) Liability Amount. Except as otherwise provided in this Chapter, a

merchant who willfully violates this Chapter with respect to a consumer is

liable to the consumer in an amount equal to the following:

(1) in an action by an individual consumer, the sum of:

(A) actual damages sustained by the consumer as a result of

the violation; and

(B) not less than One Hundred Dollars ($100.00).

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(2) In a class action, the amount the court determines to be

appropriate with no minimum recovery as to each member. The total

recovery in any class action or series of class actions arising out of the

same violation shall not be more than the lesser of Five Hundred

Thousand Dollars ($500,000.00) or one percent (1%) of the net worth

of the merchant.

(3) If a particular rental-purchase agreement has more than one

(1) consumer, only one (1) recovery of damages is allowed for a

violation of this Chapter. Multiple violations in connection with a

single rental-purchase agreement entitle the consumer, or multiple

consumers, to only one (1) recovery under this Chapter.

(b) Statute of Limitations.

(1) Actions to Enforce Act. An action under this Section may be

brought in the Superior Court of Guam or other court of competent

jurisdiction, but not later than one (1) year after the date of the

occurrence of the violation.

(2) Defense. This Subsection does not bar a consumer from

asserting a violation of this Chapter in an action to collect a debt

brought more than one (1) year after the date of the occurrence of the

violation as a matter of defense by recoupment or set off, except as

otherwise provided by Guam law.

(c) Offset.

(1) Limitations. A consumer may not take any action to

offset any amount for which a merchant is potentially liable under

Subsection (a) against any amount owed by the consumer, unless

the amount of the merchant's liability has been determined by

judgment of a court of competent jurisdiction in an action in

which the merchant was a party.

(2) Constructions. This Subsection does not bar a consumer

who is in default on the obligation from asserting a violation of

this Chapter as an original action, or as a defense or counterclaim

to an action brought by the merchant to collect amounts owed by

the consumer.