Private right of action; damages.

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Any person who suffers financial injury or damages by reason of any conduct declared in violation of the provisions of the Indian Arts and Crafts Sales Act [30-33-1 to 30-33-11 NMSA 1978] may sue in district court. Upon a showing that that act is being violated, the court may award damages and order injunctive relief and shall award the cost of the suit, including reasonable attorneys' fees. Where the court finds that the party charged with violating the Indian Arts and Crafts Sales Act has willfully violated that act, the court may award treble damages to the party complaining of the violation.

History: 1953 Comp., § 40-21-25.9, enacted by Laws 1977, ch. 334, § 7; 1991, ch. 90, § 9.

ANNOTATIONS

The 1991 amendment, effective June 14, 1991, rewrote this section which read "Any person who suffers financial injury or damages by reason of any conduct declared in violation of the Indian Arts and Crafts Sales Act may sue in district court and may recover actual damages sustained and the cost of the suit, including reasonable attorneys' fees."


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