Civil Actions; Expenses and Costs; Remedies

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Sec. 1. (a) A target, or a person aggrieved by a violation of:

(1) this article; or

(2) rules adopted under this article;

may bring an action in a court with jurisdiction.

(b) A person shall, not later than thirty (30) days after filing a complaint with a court in an action under subsection (a), mail or deliver a copy of the complaint to the office of the attorney general.

(c) A court may award reasonable attorney's fees, litigation expenses, and costs to a person who prevails in an action under subsection (a).

(d) A court may, in addition to fees, expenses, and costs under subsection (c), award any or all of the following to a complainant who prevails in an action under subsection (a):

(1) Declaratory or equitable relief.

(2) The greater of:

(A) actual damages; or

(B) liquidated damages for each complainant who prevails in the sum of five thousand dollars ($5,000) for each demand letter that the complainant received.

(3) Punitive damages in the amount of the greater of:

(A) fifty thousand dollars ($50,000); or

(B) three (3) times the amount of actual damages.

As added by P.L.172-2015, SEC.1. Amended by P.L.149-2016, SEC.75.


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