LD 2245
pg. 433
Page 432 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 434 of 493
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LR 1087
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a surplus. Because Section 9-626 [Maine cite section 9-1626]
does not apply to consumer transactions, the statute is silent as
to whether a double recovery or other over-compensation is
possible in a consumer transaction.

 
Damages for violation of the requirements of this Article,
including Section 9-609 [Maine cite section 9-1609], are those
reasonably calculated to put an eligible claimant in the position
that it would have occupied had no violation occurred. See
Section 1-106. Subsection (b) [Maine cite subsection (2)]
supports the recovery of actual damages for committing a breach
of the peace in violation of Section 9-609 [Maine cite section 9-
1609], and principles of tort law supplement this subsection.
See Section 1-103. However, to the extent that damages in tort
compensate the debtor for the same loss dealt with by this
Article, the debtor should be entitled to only one recovery.

 
4. Minimum Damages in Consumer-Goods Transactions.
Subsection (c)(2) [Maine cite subsection (3), paragraph (b)]
provides a minimum, statutory, damage recovery for a debtor and
secondary obligor in a consumer-goods transaction. It is
patterned on former Section 9-507(1) and is designed to ensure
that every noncompliance with the requirements of Part 6 in a
consumer-goods transaction results in liability, regardless of
any injury that may have resulted. Subsection (c)(2) [Maine cite
subsection (3), paragraph (b)] leaves the treatment of statutory
damages as it was under former Article 9. A secured party is not
liable for statutory damages under this subsection more than once
with respect to any one secured obligation. See Section 9-628(e)
[Maine cite section 9-1628, subsection (5)]. Nor is a secured
party liable under this subsection for failure to comply with
Section 9-616 [Maine cite section 9-1616]. See Section 9-628(d)
[Maine cite section 9-1628, subsection (4)].

 
Following former Section 9-507(1), this Article does not
include a definition or explanation of the terms "credit service
charge," "principal amount," "time-price differential," or "cash
price," as used in subsection (c)(2) [Maine cite subsection (3),
paragraph (b)]. It leaves their construction and application to
the court, taking into account the subsection's purpose of
providing a minimum recovery in consumer-goods transactions.

 
5. Supplemental Damages. Subsections (e) and (f) [Maine cite
subsections (5) and (6)] provide damages that supplement the
recovery, if any, under subsection (b) [Maine cite subsection
(2)]. Subsection (e) [Maine cite subsection (5)] imposes an
additional $500 liability upon a person who fails to comply with
the provisions specified in that subsection, and subsection (f)
[Maine cite subsection (6)] imposes like damages on a person who,
without reasonable excuse, fails to comply with a request for an


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