§ 5-38.3-6. Injunctive relief and civil penalties.
(a) The superior court of this state has jurisdiction to prevent and restrain violations
of this chapter. In addition to granting prohibitory injunctive and other restraints
for a period of time and upon terms and conditions necessary to deter and insure against
the committing of future violations of this chapter, the court may grant injunctive
relief reasonably necessary to dissipate the ill effects of the violation. The court
may issue appropriate decrees upon consent and stipulation by the parties. The court
may also issue restraining orders. Under no circumstances is the state required to
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§ 5-38.3-6. Injunctive relief and civil penalties.
(a) The superior court of this state has jurisdiction to prevent and restrain violations
of this chapter. In addition to granting prohibitory injunctive and other restraints
for a period of time and upon terms and conditions necessary to deter and insure against
the committing of future violations of this chapter, the court may grant injunctive
relief reasonably necessary to dissipate the ill effects of the violation. The court
may issue appropriate decrees upon consent and stipulation by the parties. The court
may also issue restraining orders. Under no circumstances is the state required to
post bond in any action under this section.
(b) The attorney general may institute proceedings to prevent and restrain violations
of this chapter as provided in subsection (a).
(c) Any person may institute proceedings for injunctive relief, temporary or permanent,
as provided in subsection (a), against threatened loss or damage to his or her property
by a violation of this chapter. A preliminary injunction may be issued upon a showing
that the danger of irreparable loss or damage is immediate and, within the court's
discretion, the execution of property bond against damages for an injunction improvidently
granted. If the court issues a permanent injunction, the plaintiff shall be awarded
reasonable attorney's fees, filing fees, and reasonable costs of the suit. Reasonable
costs for the suit may include, but shall not be limited to, the expenses of discovery
and document production.
(d) In addition to injunctive relief authorized pursuant to subsection (a), any person,
firm, corporation, or other entity in violation of this chapter may be liable for
a civil penalty in a suit by the attorney general of this state of not more than one
thousand dollars ($1,000) for each violation.