§ 24-5-21-6 — Legal action for violations

Indiana § 24-5-21-6

• Jurisdiction: Indiana
• Art. 5: CONSUMER SALES
• Ch. 21: Prescription Drug Discount Cards

Text

(a) The attorney general, a prosecuting
attorney, or an individual may maintain an action to enjoin any act that
is in violation of this chapter and for the recovery of damages.
(b) An action brought under this section may be brought in the
county where:
(1) the plaintiff resides or conducts business;
(2) the defendant resides or conducts business; or
(3) the card, device, or other purchasing mechanism that purports
to offer discounts or access to discounts from a pharmacy for
prescription drug or device purchases was sold, marketed,
promoted, advertised, or distributed.
(c) If the court finds that the defendant violated any provision of this
chapter, the court shall enjoin the defendant from continuing the acts
that are in violation of this chapter.
(d) A plaintiff who prevails in an action under this chapter may
recover the following:
(1) A sum equal to one hundred dollars ($100) per card, device,
or other purchasing mechanism that is sold or distributed in
Indiana by the defendant or ten thousand dollars ($10,000),
whichever is greater.
(2) Three (3) times the amount of actual damages, if any.
(3) Reasonable attorney's fees.
(4) Court costs.
(5) Any other relief that the court considers proper.

Legislative History

As added by P.L.230-2001, SEC.1.