Pleading requirements.

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  • (1) In any action commenced under the provisions of Subsection 78B-4-303(2), the complaint or petition shall state with particularity the following:
    • (a) the statute, rule, regulation, ordinance, or other law that was allegedly violated;
    • (b) the facts that are alleged to constitute a material violation of the statute, rule, regulation, ordinance, or other law; and
    • (c) the facts alleged to demonstrate that the violation proximately caused actual injury to the plaintiff.
  • (2) The complaint or petition shall also state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that the violation was injurious to consumers.




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