50-636. Civil penalties.
50-636
50-636. Civil penalties.(a) The commission of any act or practice declared to be a violation of thisact shall render the violator liable to the aggrieved consumer, or the state ora county as provided in subsection (c), for the payment of a civil penalty,recoverable in an individual action, including an action brought by theattorney general or county attorney or district attorney, in a sum set by thecourt of not more than $10,000 for each violation. Anaggrieved consumer is nota required party in actions brought by the attorney general or a county ordistrict attorney pursuant to this section.
(b) Any supplier who willfully violates the terms of any court order issuedpursuant to this act shall forfeit and pay a civil penalty of not more than$20,000 per violation, in addition to other penaltiesthat may be imposed bythe court, as the court shall deem necessary and proper. For the purposes ofthis section, the district court issuing an order shall retain jurisdiction,and in such cases, the attorney general, acting in the name of the state, orthe appropriate county attorney or district attorney may petition for recoveryof civil penalties.
(c) In administering and pursuing actions under this act, the attorneygeneral and the county attorney or district attorney are authorized to sue forand collect reasonable expenses and investigation fees as determined by thecourt. Civil penalties or contempt penalties sued for and recovered by theattorney general shall be paid into the general fund of the state. Civilpenalties and contempt penalties sued for and recovered by the county attorneyor district attorney shall be paid into the general fund of the county wherethe proceedings were instigated.
(d) Any act or practice declared to be a violation of this act notidentified to be in connection with a specific identifiable consumertransaction but which is continuing in nature shall be deemed a separateviolation each day such act or practice exists.
History: L. 1973, ch. 217, § 14;L. 1974, ch. 230, § 4;L. 1976, ch. 236, § 6;L. 1978, ch. 210, § 2;L. 1991, ch. 159, § 9;L. 1993, ch. 177, § 3;L. 2001, ch. 105, § 2; July 1.