§ 6-4-115 — Enforcement - civil damages

(1) Any person injured, either directly
or indirectly, in its business or property by reason of any violation of this article 4
may sue and, if successful, is entitled to recover any actual damages that the
person sustained. If the violation alleged and proved is determined by the court to
be a per se violation of this article 4, the person may recover three times the actual
damages that the person sustains.

(2) In any action brought pursuant to this section, the court, in its discretion,
may award the prevailing party its expert fees, the costs of the action, and
reasonable attorney fees.

(3) No damages, costs, expert fees, costs of investigation, civil penalties, or
attorney fees may be recovered from:

(a) A governmental or public entity;

(b) Any official, agent, or employee of a governmental or public entity acting
in an official capacity; or

(c) Any person based on any official action directed by a governmental or
public entity.

Legislative History

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