a. In lieu of instituting or continuing an action or proceeding pursuant to this subchapter, the commissioner may accept written assurance of discontinuance of any act or practice in violation of this subchapter from a person who has engaged in such acts or practices. Such assurance may include a stipulation for voluntary payment by the violator of the costs of investigation by the commissioner and may also include a stipulation for the restitution by the violator to consumers, of money, property, or other things of value received from them directly or indirectly in connection with a violation of this subchapter, including money necessarily expended in the course of making and pursuing a complaint to the commissioner. All settlements shall be made a matter of public record. If a stipulation applies to potential claimants, the assurance may specify the minimum means by which such claimants shall be notified of the stipulation. A consumer need not accept restitution pursuant to such a stipulation; his or her acceptance shall bar, to the extent permitted by law, recovery of any other damages in any action or proceeding by him or her against a defendant on account of the same acts or practices.
b. Violation of an assurance entered into pursuant to this section shall be treated as a violation of this subchapter and shall be subject to all the penalties provided therefor.
(Am. L.L. 2021/098, 9/26/2021, eff. 1/24/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/098.