§ 5-61-5.1 - Remedies, Injunctive relief and civil penalties.
SECTION 5-61-5.1
§ 5-61-5.1 Remedies, Injunctive relief andcivil penalties. – (a) Any purchaser may have a right of action against a telephonic seller whichis in material violation of this chapter. The purchaser may recover triple theamount actually paid to the telephonic seller. In addition to any judgmentawarded to the purchaser, the court may allow reasonable attorney's fees to betaxed as cost.
(b) The superior court of this state shall have jurisdictionto prevent 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 shall the state berequired to post bond in any action under this section.
(c) The department may institute proceedings to prevent andrestrain violations of this chapter, as provided in subsection (b) of thissection.
(d) The department may bring an action to obtain adeclaratory judgment that an act or practice violates the provisions of thischapter.
(e) 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. A preliminaryinjunction may be issued upon a showing that the danger of irreparable loss ordamage is immediate and, within the court's discretion, the execution of aproperty bond against damages for an injunction improvidently granted. If thecourt issues a permanent injunction, the plaintiff shall be awarded reasonableattorney's fees, filing fees, and reasonable costs of the suit. Reasonablecosts of the suit may include, but not be limited to, the expenses of discoveryand document production.
(f) In any action brought under this section, the court maymake appropriate orders, including appointment of a master or receiver orsequestration of assets, to reimburse purchasers found to have been damaged, tocarry out a transaction in accordance with the purchaser's reasonableexpectations, or to grant other appropriate relief. The court may assessexpenses of a master or receiver against a telephonic seller.
(g) In addition to injunctive relief authorized pursuant tosubsection (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 thedepartment of not more than ten thousand dollars ($10,000) for each violation.The department or the court may waive any civil penalty or other fines or costsif the person has previously made full restitution or reimbursement or has paidactual damages to the purchasers who have been injured by the unlawful act orpractice.