75-83-9 - Misrepresentations; private right of action; punitive damages; attorney's fees.
§ 75-83-9. Misrepresentations; private right of action; punitive damages; attorney's fees.
(1) Health spas shall be prohibited from making any material misrepresentations to current members, prospective members or purchasers of membership contract regarding:
(a) Qualifications of staff;
(b) Availability, quality, or extent of facilities or services;
(c) Results obtained through exercising, dieting or weight control programs;
(d) Rights of membership; or
(e) Period of time a discount or special offer will be available.
(2) Any person who suffers any ascertainable loss of money or property as a result of fraud, dishonesty or a violation of the provisions of this chapter may bring an action in chancery court to recover actual and/or punitive damages. If the court finds that such a violation was committed, the court may award actual and/or punitive damages. In the event the damages are awarded under this section, the court shall award to the person bringing such action reasonable attorney's fees and costs. Upon a finding by the court that an action under this section is groundless and brought in bad faith or for purposes of harassment, the court may award to the defendant reasonable attorney's fees and costs.
Sources: Laws, 1985, ch. 496, § 5, eff from and after July 1, 1985.