13-11a-4 - Jurisdiction of district courts -- Injunctive relief -- Damages -- Attorneys' fees -- Corrective advertising -- Notification required. - Utah Statutes

13-11a-4. Jurisdiction of district courts -- Injunctive relief -- Damages -- Attorneys'fees -- Corrective advertising -- Notification required.
(1) The district courts of this state have jurisdiction over any supplier as to any act orpractice in this state governed by this chapter or as to any claim arising from a deceptive tradepractice as defined in this chapter.
(2) (a) Any person or the state may maintain an action to enjoin a continuance of any actin violation of this chapter and, if injured by the act, for the recovery of damages. If, in suchaction, the court finds that the defendant is violating or has violated any of the provisions of thischapter, it shall enjoin the defendant from continuance of the violation. It is not necessary thatactual damages be proven.
(b) In addition to injunctive relief, the plaintiff is entitled to recover from the defendantthe amount of actual damages sustained or $2,000, whichever is greater.
(c) Costs shall be allowed to the prevailing party unless the court otherwise directs. Thecourt shall award attorneys' fees to the prevailing party.
(3) The court may order the defendant to promulgate corrective advertising by the samemedia and with the same distribution and frequency as the advertising found to violate thischapter.
(4) The remedies of this section are in addition to remedies otherwise available for thesame conduct under state or local law.
(5) No action for injunctive relief may be brought for a violation of this chapter unlessthe complaining person first gives notice of the alleged violation to the prospective defendant andprovides the prospective defendant an opportunity to promulgate a correction notice by the samemedia as the allegedly violating advertisement. If the prospective defendant does not promulgatea correction notice within 10 days of receipt of the notice, the complaining person may file alawsuit under this chapter.

Enacted by Chapter 205, 1989 General Session