(1)(a) A licensed or duly permitted cable
operator may bring a civil action for damages against any person who commits civil
theft of cable service.
(b)Civil theft of cable service is the willful or intentional commission of any
act described in section 18-4-701 (2).
(c)No plaintiff that files an action pursuant to this section for theft of cable
services shall be required to plead damages with particularity as a condition
precedent for maintaining such an action.
(d)There is a rebuttable presumption that a violation of section 18-4-701
(2)(a) has occurred if there exists in the actual possession of the person a device
that permits the reception of unauthorized cable services for which no payment has
been made to a cable operator and no legitimate purpose exists.
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(1) (a) A licensed or duly permitted cable
operator may bring a civil action for damages against any person who commits civil
theft of cable service.
(b) Civil theft of cable service is the willful or intentional commission of any
act described in section 18-4-701 (2).
(c) No plaintiff that files an action pursuant to this section for theft of cable
services shall be required to plead damages with particularity as a condition
precedent for maintaining such an action.
(d) There is a rebuttable presumption that a violation of section 18-4-701
(2)(a) has occurred if there exists in the actual possession of the person a device
that permits the reception of unauthorized cable services for which no payment has
been made to a cable operator and no legitimate purpose exists.
(e) There is a rebuttable presumption that a violation of section 18-4-701
(2)(b) has occurred if cable service to the person's business or residential property
was disconnected by a cable operator, notification of such action by certified mail
was provided to such person, and a connection of such service exists at such
person's business or residential property after the date of the disconnection.
(f) There is a rebuttable presumption that a violation of section 18-4-701
(2)(c) has occurred if the cable operator, as a matter of standard procedure:
(I) Places written warning labels on its converters or decoders explaining
that tampering with such devices is a violation of law and a converter or decoder is
found to have been tampered with, altered, or modified so as to allow the reception
or interception of cable services without authority from or payment to a cable
operator; or
(II) Seals its converters or decoders with a label or mechanical device and
the label or device has been removed or broken.
(g) There is a rebuttable presumption that a violation of section 18-4-701
(2)(d) has occurred if a person possesses ten or more devices or printed circuit
boards. If such rebuttable presumption is not overcome, the court shall find that
such person committed civil theft of cable service willfully and for purposes of
commercial advantage and shall increase the damages award in accordance with
paragraph (a) of subsection (3) of this section.
(h) There is a rebuttable presumption that a violation of section 18-4-701
(2)(e) has occurred if the person, while engaging in any of the prohibited acts, made
apparent to the buyer that the product would enable the buyer to obtain cable
service without payment to a cable operator. If such rebuttable presumption is not
overcome, the court shall find that such person committed civil theft of cable
service willfully and for purposes of commercial advantage and shall increase the
damages award in accordance with paragraph (a) of subsection (3) of this section.
(i) There is a rebuttable presumption that a violation of section 18-4-701 (2)(f)
has occurred if a cable operator mailed by certified mail to the person, at the
provided address, a written demand requesting the return of an operator-owned
converter, decoder, or other device and the person failed to return said device or to
make reasonable arrangements to do so within fifteen days after the date of such
notice. Such reasonable arrangements may include requesting that the cable
operator collect the equipment, subject to the cable operator's policies.
(2) In any civil action brought pursuant to this section, a cable operator shall
be entitled, upon proof of civil theft of cable service, to recover the greater of the
following amounts as damages:
(a) Four thousand dollars; or
(b) Three times the amount of any actual damages sustained.
(3) (a) Notwithstanding any provision of subsection (2) of this section to the
contrary, a court may increase the award of damages in any civil action brought
pursuant to this section by an amount of not more than fifty thousand dollars if
such court finds that civil theft of cable service was committed willfully and for the
purpose of commercial advantage.
(b) In any civil action described in paragraph (a) of this subsection (3), a cable
operator need not prove that the final purchaser actually used the device, plan, kit,
or printed circuit board without authorization from or payment to a cable operator.
(c) No attempt by a person to limit or shift legal liability in an action
described in this subsection (3) by requiring purchasers to sign a disclaimer
acknowledging their responsibility to report use of a device, plan, kit, or printed
circuit board to a cable operator shall be effective, and any such disclaimer shall be
void.
(d) (Deleted by amendment, L. 98, p. 830, � 57, effective August 5, 1998.)
(4) In any action for civil theft of cable service, the prevailing party shall be
awarded reasonable attorney fees and direct costs incurred as a result of such
theft, including, but not limited to, the costs of any investigation, disconnection or
reconnection, service calls, employees, equipment, and expert witnesses and costs
of the civil action.
(5) A cable operator may seek an injunction to enjoin or restrain a violation of
this section and damages arising from such violation in the same action.