(1) The attorney general shall have the authority to institute actions or proceedings to prevent or restrain violations of this article.
The attorney general may bring a civil action on behalf of any governmental or public entity, with the written consent of such entity, injured, either directly or indirectly, in its business or property by reason of any violation of this article and, if successful, shall recover any actual damages sustained by such entity. If the violation alleged and proved is determined by the court to be a per se violation of this article, the attorney general may recover three times the actual damages sustained by such entity.
(a) The attorney general may bring a civil action as parens patriae on behalf of natural persons residing within the state injured in their business or property by reason of any violation of this article and, if successful, shall recover any actual damages sustained by such natural persons. If the violation alleged and proved is determined by the court to be a per se violation of this article, the attorney general may recover three times the actual damages sustained by such natural persons.
In any parens patriae action brought pursuant to paragraph (a) of this subsection (3), the attorney general shall cause notice to be given to the proposed parens group by publication or as otherwise directed by the court, and all proposed parens group members shall have the right to elect to have their particular claim excluded from that proceeding. No dismissal or compromise settlement of an action brought by the attorney general as parens patriae shall be entered without the approval of the court and notice to all proposed parens group members.
In any parens patriae action in which actual or treble damages are recovered, the court, in its discretion, may determine that the amount of damages recovered is too small to make a refund to parens group members practicable. In that event, the court may direct such damages to be paid to the general fund of the state or to some other governmental or public entity as the court deems appropriate or may require that damages be paid as rebates or price reductions to future consumers.
(4) In any action brought pursuant to this section, the attorney general, if successful, shall be entitled to recover the costs of investigation, expert fees, costs of the action, and reasonable attorney fees.
Source: L. 92: Entire article R&RE, p. 241, § 1, effective July 1. L. 93: (1) amended, p. 1574, § 4, effective July 1.