27.0403 Assurance of voluntary compliance.

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In lieu of instituting or continuing an investigation or civil action, the Director may accept written assurance of voluntary compliance from the persons suspected of violation. The Director may obtain the agreement of the affected consumers where possible. The fact that a person has entered into an assurance of voluntary compliance may not be considered an admission of violation, nor may the written assurance constitute prima facie evidence of a violation. The assurance may include a stipulation for reimbursement to some or all consumers who have been damaged by an alleged unlawful act or practice and payment of costs of investigation. An assurance of voluntary compliance may become public record. A consumer does not have to accept restitution under the stipulation, but his stipulated agreement to the assurance or his acceptance and full performance of restitution bars recovery of other damages in an action on account of the same acts or practices by him against the person or persons making restitution.

History: 1982, PL 17-38 § 4.