76-9-406 - Injunctive relief against privacy offenses -- Damages.
76-9-406. Injunctive relief against privacy offenses -- Damages.
Any person, or the heirs of any deceased person, who has been injured by a violation ofthis part may bring an action against the person who committed the violation. If in the action thecourt finds the defendant is violating or has violated any of the provisions of this part, it shallenjoin the defendant from a continuance thereof. It shall not be necessary that actual damages tothe plaintiffs be alleged or proved, but if damages are alleged and proved, the plaintiff in theaction shall be entitled to recover from the defendant the actual damages, if any, sustained inaddition to injunctive relief. A finding that the defendant is in violation of this part shall entitle theplaintiff to reasonable attorney's fees. Exemplary damages may be awarded where the violation isfound to be malicious.
Enacted by Chapter 196, 1973 General Session