§ 6-13.1-5 - Restraining prohibited acts.
SECTION 6-13.1-5
§ 6-13.1-5 Restraining prohibited acts.– (a) Whenever the attorney general has reason to believe that any person isusing, has used, or is about to use any method, act, or practice declared to beunlawful by § 6-13.1-2, and that proceedings would be in the publicinterest, the attorney general may bring an action in the name of the stateagainst the person to restrain by temporary or permanent injunction the use ofthe method, act, or practice, upon the giving of appropriate notice to thatperson. The notice must generally state the relief sought and be served inaccordance with § 6-13.1-7 and at least three (3) days before the hearingof the action.
(b) The action may be brought in the superior court of thecounty in which the person shall dwell, or be found, or have his principalplace of business, or, with consent of the parties, or if the person is anonresident or has no principal place of business within this state or if thesuperior court shall not be in session in the counties previously said to beapplicable, may be brought in the superior court of Providence County. Thesuperior courts are authorized to issue temporary or permanent injunctions torestrain and prevent violations of this chapter, and the injunctions shall beissued without bond.
(c) The court may make any additional orders or judgmentsthat may be necessary to restore to any person in interest any moneys orproperty, real or personal, which may have been acquired by means of anypractice in this chapter declared to be unlawful, including the appointment ofa receiver in any case where the superior court finds that the assets of acorporation are in danger of being misapplied, dissipated, wasted, or lost, orthe revocation of a license or certificate authorizing that person to engage inbusiness in this state, or both.
(d) Actions under this chapter may be brought without regardto the pendency of criminal proceedings arising out of the same acts orpractices and no action shall bar the institution of criminal proceedingsarising out of the same acts or practices. No involuntary admission by anyperson in the action shall be admissible in any subsequent criminal proceeding.