(a) The commissioner may assess an administrative penalty for a violation in an amount not to exceed $1,000 for each day of the violation.
(b) The aggregate amount of penalties under this subchapter that the commissioner may assess against a person during one calendar year may not exceed the lesser of:
(1) $100,000; or
(2) an amount that is equal to the greater of five percent of the net worth of the creditor or $5,000.
(c) In determining the amount of an administrative penalty, the commissioner shall consider:
(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited act;
(2) the extent of actual or potential harm to a third party;
(3) the history of violations;
(4) the amount necessary to deter future violations;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.