§ 6-13.1-5.2 - Private and class actions.
SECTION 6-13.1-5.2
§ 6-13.1-5.2 Private and class actions.– (a) Any person who purchases or leases goods or services primarily forpersonal, family, or household purposes and thereby suffers any ascertainableloss of money or property, real or personal, as a result of the use oremployment by another person of a method, act, or practice declared unlawful by§ 6-13.1-2, may bring an action under Rules of Civil Procedure in thesuperior court of the county in which the seller or lessor resides, is found,has his or her principal place of business, or is doing business, or in thesuperior court of the county as is otherwise provided by law, to recover actualdamages or two hundred dollars ($200), whichever is greater. The court may, inits discretion, award punitive damages and may provide other equitable reliefthat it deems necessary or proper.
(b) Persons entitled to bring an action under subsection (a)of this section may, if the unlawful method, act, or practice has causedsimilar injury to numerous other persons similarly situated and if theyadequately represent the similarly situated persons, bring an action on behalfof themselves and other similarly injured and situated persons to recoverdamages as provided for in subsection (a) of this section. In any actionbrought under this section, the court may in its discretion order, in additionto damages, injunctive or other equitable relief.
(c) Upon commencement of any action brought under subsection(a) of this section the clerk of court shall mail a copy of the complaint orother initial pleading to the attorney general and, upon entry of any judgmentor decree in the action, shall mail a copy of the judgment or decree to theattorney general.
(d) In any action brought by a person under this section, thecourt may award, in addition to the relief provided in this section, reasonableattorney's fees and costs.
(e) Any permanent injunction, judgment, or order of the courtmade under § 6-13.1-5 shall be prima facie evidence in an action broughtunder this section that the respondent used or employed a method, act, orpractice declared unlawful by § 6-13.1-2.