Section 45.48.200. Violations and penalties.

   (a) A consumer who suffers damages as a result of a person's violation of AS 45.48.100 - 45.48.290 may bring an action in court against the person and recover, in the case of a violation where the person acted
        (1) negligently, actual economic damages, court costs allowed by the rules of court, and full reasonable attorney fees;
        (2) knowingly,
             (A) damages as described in (1) of this subsection;
             (B) punitive damages that are not less than $100 nor more than $5,000 for each violation as the court determines to be appropriate; and
             (C) other relief that the court determines to be appropriate.
   (b) A consumer may bring an action in court against a person for a violation or threatened violation of AS 45.48.100 - 45.48.290 for injunctive relief, whether or not the consumer seeks another remedy under this section.
   (c) Notwithstanding (a)(2) of this section, a person who knowingly violates AS 45.48.100 - 45.48.290 is liable in a class action for an amount that the court allows. When determining the amount of an award in a class action under this subsection, the court shall consider, among the relevant factors, the amount of any actual damages awarded, the frequency of the violations, the resources of the violator, and the number of consumers adversely affected.
   (d) In this section, "knowingly" has the meaning given in AS 11.81.900.

Notes

History

(Sec. 4 ch 92 SLA 2008)