§ 35-32-104 — Criminal penalty; private right of action

(a) Any person violating the provisions of this chapter is
guilty of a misdemeanor punishable by a fine of not more than
one thousand dollars ($1,000.00) for each violation.
(b) An individual whose rights have been violated under
the provisions of this chapter may bring a civil action to
enjoin or restrain any violation of this chapter and may in the
same action seek damages from the person violating this chapter.
Prior to filing an action under this subsection the individual
shall give notice in writing to the alleged violator stating
fully the nature of the alleged violation. The alleged violator
shall have not more than sixty (60) days from the date notice is
provided to cure any violation. If, after sixty (60) days the
violation has not been cured, the individual may bring a civil
action. A prevailing party in an action brought under this
subsection may recover all costs and expenses reasonably
associated with the action, including but not limited to
reasonable attorney fees.
(c) The attorney general may bring an action in the name
of the state or as parens patriae on behalf of consumers to
enforce this chapter. In any action brought by the attorney
general to enforce this chapter, a person found to have violated
this chapter shall be subject to a civil penalty of two thousand
five hundred dollars ($2,500.00) for each violation, the
recovery of actual damages incurred by consumers on whose behalf
the action was brought and costs and reasonable attorneys' fees
incurred by the office of the attorney general.