(a) A student loan servicer shall do both of the following: (1) Comply with this title. (2) Comply with all applicable federal laws relating to student loan servicing, as from time to time amended, and the regulations promulgated thereunder. (b) Any consumer who suffers damage as a result of the failure of a student loan servicer to comply with paragraph (1) or (2) of subdivision (a) may, subject to the requirements of subdivisions (d) to (g), inclusive, bring an action on that consumerâs behalf and on behalf of a similarly situated class of consumers against that student loan servicer to recover or obtain any of the following: (1) Actual damages, but in no case, shall the total award of damages be less than five hundred dollars ($500) per plaintiff, per violation. (2) An order enjoining the methods, acts, or practices. (3) Restitution of property. (4) Punitive damages. (5) Attorneyâs fees. (6) Any other relief that the court deems proper. (c) In addition to any other remedies provided by this subdivision or otherwise provided by law, whenever it is proven by a preponderance of the evidence that a student loan servicer has engaged in conduct that substantially interferes with a borrowerâs right to an alternative payment arrangement; loan forgiveness, cancellation, or discharge; or any other financial benefit as established under the terms of a borrowerâs promissory note or under the Higher Education Act of 1965 (20 U.S.C. Sec. 1070a et seq.), as from time to time amended, and the regulations promulgated thereunder, the court shall award treble actual damages to the plaintiff, but in no case shall the award of damages be less than one thousand five hundred dollars ($1,500) per plaintiff, per violation. (d) (1) At least 45 days before bringing an action for damages or injunctive relief pursuant to this chapter, a consumer shall do all of the following: (A) Provide written notice to the person alleged to have violated subdivision (a) regarding the nature of the alleged violations. (B) Demand that the person correct and remedy the method, acts, or practices to which the notice required by subparagraph (A) refers. (2) The notice required by this subdivision shall be sent by certified or registered mail, return receipt requested, to the personâs address on file with the Department of Financial Protection and Innovation or to the personâs principal place of business within California. (e) An action for damages or injunctive relief brought by a consumer only on that consumerâs behalf may not be maintained under subdivision (b) upon a showing by a person that an appropriate correction and remedy is given, or agreed to be given within a reasonable time, to the consumer within 30 days after receipt of the notice. (f) An action for damages brought by a consumer on both the consumerâs behalf and on behalf of a similarly situated class of consumers may not be maintained under subdivision (b) upon a showing by a person alleged to have employed or committed methods, acts, or practices declared unlawful that all of the following are true: (1) All consumers similarly situated have been identified, or a reasonable effort to identify those other consumers has been made. (2) All consumers so identified have been notified that, upon their request, the person shall make the appropriate correction and remedy. (3) The correction and remedy requested by the consumers has been, or, in a reasonable time, will be, given. (4) The person has ceased from engaging, or if immediate cessation is impossible or unreasonably expensive under the circumstances, the person will, within a reasonable time, cease to engage, in the methods, act, or practices. (g) Attempts to comply with a demand described in paragraph (2) of subdivision (d) by a person receiving that demand shall be construed to be an offer to compromise and shall be inadmissible as evidence pursuant to Section 1152 of the Evidence Code. Furthermore, these attempts to comply with a demand
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