§ 705. Penalties and other provisions. (a) If the superintendent\nfinds, after notice and hearing, that a consultant has knowingly\nviolated any provision of this article and the violation was material,\nthe superintendent may: (1) make null and void any agreement between the\nborrower and the consultant; and (2) impose a civil penalty of not more\nthan ten thousand dollars for each violation.\n (b) If the consultant violates any provision of this article and the\nborrower suffers damage because of the violation, the borrower may\nrecover actual and consequential damages and costs from the consultant\nin an action based on this article. If the consultant recklessly\nviolates any provision of this article, the court may award attorneys'\nfees and costs. If the consultant intentionally violates any provision\nof this article, the court may award treble damages, attorneys' fees and\ncosts.\n (c) Any provision of a student debt consulting contract that attempts\nor purports to limit the liability of the consultant under this article\nshall be null and void. Inclusion of such provision shall at the option\nof the borrower render the contract void. Any provision in a contract\nwhich attempts or purports to require arbitration of any dispute arising\nunder this article shall be void at the option of the borrower. Any\nwaiver of the provisions of this article shall be void and unenforceable\nas contrary to public policy.\n (d) The provisions of this article are not exclusive and are in\naddition to any other requirements, rights, remedies, and penalties\nprovided by law.\n
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