(a) Award.--Reasonable attorney fees and costs shall be awarded to the prevailing party in an action on a closed-end credit agreement or an open-end credit agreement, regardless of whether the action is instituted by the seller, holder or buyer.
(b) Agreement.--A seller may provide for the payment of attorney fees and costs under subsection (a) in an agreement signed by the buyer, if a copy of the agreement is given or furnished to the buyer.
(c) Definition.--For purposes of this section, a defendant is deemed to be a prevailing party if both of the following occur:
(1) The defendant:
(i) Alleges in its answer that it tendered to the plaintiff the full amount to which the plaintiff was entitled.
(ii) Deposits the amount with the court.
(2) The allegation in paragraph (1)(i) is found to be true.
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