Current through Acts 2023-2024, ch. 272
Section 409.628 - Nonliability and limitation on liability of secured party; liability of secondary obligor(1) LIMITATION OF LIABILITY OF SECURED PARTY FOR NONCOMPLIANCE WITH CHAPTER. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person: (a) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this chapter; and(b) The secured party's failure to comply with this chapter does not affect the liability of the person for a deficiency.(2) LIMITATION OF LIABILITY BASED ON STATUS AS SECURED PARTY. A secured party is not liable because of its status as secured party: (a) To a person that is a debtor or obligor, unless the secured party knows:1. That the person is a debtor or obligor;2. The identity of the person; and3. How to communicate with the person; or(b) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows: 1. That the person is a debtor; and2. The identity of the person.(3) LIMITATION OF LIABILITY IF REASONABLE BELIEF THAT TRANSACTION NOT A CONSUMER-GOODS TRANSACTION OR CONSUMER TRANSACTION. A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on:(a) A debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or(b) An obligor's representation concerning the purpose for which a secured obligation was incurred.(4) LIMITATION OF LIABILITY FOR STATUTORY DAMAGES. A secured party is not liable to any person under s. 409.625(3) (b) for its failure to comply with s. 409.616.(5) LIMITATION OF MULTIPLE LIABILITY FOR STATUTORY DAMAGES. A secured party is not liable under s. 409.625(3) (b) more than once with respect to any one secured obligation.