§ 5-61-5.1. Remedies — Injunctive relief — Civil penalties.
(a) Any purchaser may have a right of action against a telephonic seller who is in material
violation of this chapter. The purchaser may recover triple the amount actually paid
to the telephonic seller. In addition to any judgment awarded to the purchaser, the
court may allow reasonable attorney's fees to be taxed as cost.
(b) The superior court of this state shall have jurisdiction to prevent and restrain violations
of this chapter. The court may issue appropriate decrees upon consent and stipulation
by the parties. The court may also issue restraining orders. Under no circumstances
shall the state be required to post bond in any action under this section.
(c) The department may institute proceedings to prevent and restrain violations of this
chapter, as provided in subsection (b).
(d) The department may bring an action to obtain a declaratory judgment that an act or
practice violates the provisions of this chapter.
(e) Any person may institute proceedings for injunctive relief, temporary or permanent,
as provided in subsection (b), against threatened loss or damage 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 a 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 of
the suit may include, but not be limited to, the expenses of discovery and document
production.
(f) In any action brought under this section, the court may make appropriate orders, including
appointment of a master or receiver or sequestration of assets, to reimburse purchasers
found to have been damaged; to carry out a transaction in accordance with the purchaser's
reasonable expectations; or to grant other appropriate relief. The court may assess
expenses of a master or receiver against a telephonic seller.
(g) In addition to injunctive relief authorized pursuant to subsection (b), any person,
firm, corporation, or other entity who violates this chapter may be liable for a civil
penalty in a suit by the department of not more than ten thousand dollars ($10,000)
for each violation. The department or the court may waive any civil penalty or other
fines or costs if the person has previously made full restitution or reimbursement
or has paid actual damages to the purchasers who have been injured by the unlawful
act or practice.