§ 31-48-6 - Civil proceedings.
SECTION 31-48-6
§ 31-48-6 Civil proceedings. – (a) The attorney general or any aggrieved person may institute civilproceedings against any person in a court of competent jurisdiction seekingrelief from conduct constituting a violation of any provision of this chapter.If the plaintiff in a proceeding proves the alleged violation, or its threat,by a preponderance of the evidence, any court of competent jurisdiction afterdue provision for the rights of innocent persons, shall grant relief byentering any appropriate order or judgment, including, but not limited to:
(1) Ordering any defendant to be divested of any interest inany property;
(2) Imposing reasonable restrictions upon the futureactivities or investments of any defendant, including prohibiting any defendantfrom engaging in the same type of endeavor as the defendant was previouslyengaged in;
(3) Ordering the suspension or revocation of a license,permit, or prior approval granted by any public agency or any other publicauthority; or
(4) Ordering the surrender of the charter of a corporationorganized under the laws of the state of the revocation of a certificateauthorizing a foreign corporation to conduct business within the state uponfinding that the board of directors or a managerial agent acting on behalf ofthe corporation, in conducting the affairs of the corporation, has authorizedor engaged in conduct made unlawful by this act and that, for the prevention offuture criminal conduct, the public interest requires the charter of thecorporation be surrendered and the corporation dissolved or the certificaterevoked.
(b) In a proceeding under this section, injunctive reliefshall be granted in conformity with the principles that govern the granting ofrelief from injury or threatened injury in other cases, but no showing ofspecial or irreparable injury shall have to be made. Pending finaldetermination of a proceeding under this section, a temporary restraining orderor a preliminary injunction may be issued upon a showing of immediate danger ofsignificant injury, including the possibility that any judgment for moneydamages might be difficult to execute, and, in a proceeding initiated by anaggrieved person, upon the execution of proper bond against injury for aninjunction improvidently granted.
(c) Any person injured, directly or indirectly, by conductconstituting a violation by any person of § 31-48-3 shall, in addition toany other relief, have a cause of action for threefold the actual damagessustained by the person.
(d) A final judgment or decree rendered against the defendantin any civil or criminal proceeding shall estop the defendant in any subsequentcivil action or proceeding brought by any person as to all matters as to whichthe judgment or decree would be an estoppel as between the parties to the civilor criminal proceeding.
(e) Notwithstanding any other provision of law providing ashorter period of limitations, a civil action under this section may becommenced at any time within five (5) years after the conduct made unlawfulunder § 31-48-3 terminates or the cause of action accrues or within anylonger statutory period that may be applicable. If any action is brought by aprosecutor to punish, prevent or restrain any activity made unlawful under§ 31-48-3, the running of the period of limitations shall be suspendedduring the pendency of the action and for two (2) years following itstermination.
(f) Personal service of any process in an action under thissection may be made upon any person outside the state if the person has engagedin any conduct constituting a violation of § 31-48-3 in this state. Theperson shall be deemed to have submitted to the jurisdiction of the courts ofthis state for the purposes of this provision.
(g) Obtaining any civil remedy under this section shall notpreclude obtaining any other civil or criminal remedy under this act or anyother provision of law. Civil remedies under this section are supplemental andnot exclusive.