If the defendant does not agree to fix the problem, the plaintiff can sue on the 31st day. Plaintiffs that are individual consumers are always made whole. Defendants who intentionally harmed the plaintiff do not benefit from proportional liability. This section does not apply to contract cases. Confirms existing law that plaintiffs have to limit damages, and can't collect damages that could have been avoided.
New section adds an exception for intentional fraud, and securities claims are exempted.
K failures occurring before January 1, 2003. Adopts language to allow for economic damages where the defendants committed an intentional tort arising independent of a contract. Encourages Alternative Dispute Resolution. Preserves State Evidentiary Standards for Claims such as Fraud. Exempts Municipalities and Governmental Entities from Punitive Damages.