§ 5-38.3-6 - Injunctive relief and civil penalties. - Rhode Island Statutes

SECTION 5-38.3-6

   § 5-38.3-6  Injunctive relief and civilpenalties. – (a) The superior court of this state has jurisdiction to prevent and restrainviolations of this chapter. In addition to granting prohibitory injunctive andother restraints for a period of time and upon terms and conditions necessaryto deter and insure against the committing of future violations of thischapter, the court may grant injunctive relief reasonably necessary todissipate the ill effects of the violation. The court may issue appropriatedecrees upon consent and stipulation by the parties. The court may also issuerestraining orders. Under no circumstances is the state required to post bondin any action under this section.

   (b) The attorney general may institute proceedings to preventand restrain violations of this chapter as provided in subsection (a) of thissection.

   (c) Any person may institute proceedings for injunctiverelief, temporary or permanent, as provided in subsection (a) of this section,against threatened loss or damage to his or her property by a violation of thischapter. A preliminary injunction may be issued upon a showing that the dangerof irreparable loss or damage is immediate and, within the court's discretion,the execution of property bond against damages for an injunction improvidentlygranted. If the court issues a permanent injunction, the plaintiff shall beawarded reasonable attorney's fees, filing fees, and reasonable costs of thesuit. Reasonable costs for the suit may include, but shall not be limited to,the expenses of discovery and document production.

   (d) In addition to injunctive relief authorized pursuant tosubsection (a) of this section, any person, firm, corporation, or other entityin violation of this chapter may be liable for a civil penalty in a suit by theattorney general of this state of not more than one thousand dollars ($1,000)for each violation.