§ 6-4-113 — Civil penalties

(1) The attorney general may bring a civil action on
behalf of the state to seek the imposition of a civil penalty for any violation of this
article 4. The court, upon finding a violation of this article 4, shall impose a civil
penalty to be paid to the general fund of the state in an amount not to exceed one
million dollars for each such violation.

(2) In determining the amount of a civil penalty, the court shall consider,
among other things:

(a) The nature and extent of the violation;

(b) The number of consumers affected by the violation;

(c) Whether the violation was an isolated incident or a continuous pattern
and practice of behavior;

(d) Whether the violation was the result of willful conduct;

(e) Whether the defendant took affirmative steps to conceal such violations;
and

(f) Whether, given the size and wealth of the defendant, the civil penalty will
be an effective deterrent against future violations.

Legislative History

Source: L. 2023: Entire article R&RE, (HB 23-1192), ch. 427, p. 2516, � 2, effective June 7.