§ 5-50-9 - Remedies, injunctive relief and civil penalties.
SECTION 5-50-9
§ 5-50-9 Remedies, injunctive relief andcivil penalties. – (a) Any buyer of a health club contract which is in material violation of thischapter has a right to cancel the contract and a right of action against thehealth club for recovery of triple the amount actually paid to the health clubunder the contract. In addition to any judgment awarded to the buyer, the courtmay allow reasonable attorney's fees to be taxed as cost.
(b) The superior court of this state has jurisdiction toprevent and restrain violations of this chapter. The court may issueappropriate decrees upon consent and stipulation by the parties. The court mayalso issue restraining orders. Under no circumstances is the state required topost bond in any action under this section.
(c) The attorney general is authorized to apply to thesuperior court for an order temporarily or permanently restraining andenjoining any health club from operating in violation of any provision of thischapter. The attorney general may institute proceedings as provided insubsection (b) of this section.
(d) Any person may institute proceedings for injunctiverelief, temporary or permanent, as provided in subsection (b) of this section,against threatened loss or damage by a violation of this chapter.
(2) A preliminary injunction may be issued upon a showingthat the danger of irreparable loss or damage is immediate and, within thecourt's discretion, the execution of property bond against damages for aninjunction improvidently granted.
(3) If the court issues a permanent injunction, the plaintiffshall be awarded reasonable attorney's fees, filing fees, and reasonable costsof the suit. Reasonable costs of the suit may include, but not be limited to,the expenses of discovery and document production.
(e) In addition to the injunctive relief authorized bysubsection (b) of this section, any person, firm, corporation, or other entitywho violates this chapter may be liable for a civil penalty in a suit by theattorney general of this state of not more than one thousand dollars ($1,000)for each violation.