§ 6-36-10 - Injunction against and civil penalties for violations of this chapter.
SECTION 6-36-10
§ 6-36-10 Injunction against and civilpenalties for violations of this chapter. – (a) Jurisdiction of courts. The superior court of this state shall havejurisdiction to prevent and restrain violations of this chapter, provided thatthe statutory minimum amount in controversy is properly present. In addition togranting prohibitory injunctions and other restraints for a period and uponterms and conditions necessary to deter the defendant from, and insure against,the committing of future violations of this chapter, the courts may grantmandatory injunctions reasonably necessary to dissipate the ill effects of theviolation. The courts may issue appropriate decrees upon consent andstipulation by the parties. The courts may also issue restraining orders. Underno circumstances shall the state be required to post bond in any action underthis chapter.
(b) Attorney general – Right to injunctiverelief. The attorney general may institute proceedings to prevent andrestrain violations of this chapter as provided in subsection (a) of thissection.
(c) Any person including the United States may instituteproceedings for injunctive relief, temporary or permanent, as provided insubsection (a) of this section, against threatened loss or damage to his or herproperty or business by a violation of this chapter. A preliminary injunctionmay be issued upon a showing that the danger of irreparable loss or damage isimmediate and, within the court's discretion, the execution of proper bondagainst damages for an injunction improvidently granted. If the court issues apermanent injunction, the plaintiff shall be awarded reasonable attorney'sfees, filing fees, and reasonable costs of the suit. Reasonable costs for thesuit may include, but shall not be limited to, the expenses of discovery anddocument reproduction.
(d) Civil penalty. In addition to injunctive reliefauthorized pursuant to subsection (a) of this section, any person who violatesthis chapter may be liable for a civil penalty in a suit by the attorneygeneral of this state of not more than fifty thousand dollars ($50,000) foreach violation.