Section 45.50.531. Private and class actions.

   (a) A person who suffers an ascertainable loss of money or property as a result of another person's act or practice declared unlawful by AS 45.50.471 may bring a civil action to recover for each unlawful act or practice three times the actual damages or $500, whichever is greater. The court may provide other relief it considers necessary and proper. Nothing in this subsection prevents a person who brings an action under this subsection from pursuing other remedies available under other law, including common law.
   (b)   [Repealed, Sec. 4 ch 31 SLA 1987].
   (c) Upon commencement of an action brought under this section the clerk of the court shall mail a copy of the complaint or other initial pleading to the attorney general and, upon entry of an order or judgment in the action, shall mail a copy of the order or judgment to the attorney general.
   (d)   [Repealed, Sec. 4 ch 31 SLA 1987].
   (e) A permanent injunction or final judgment against a person against whom an action was initiated under AS 45.50.501 is prima facie evidence in an action brought under this section that the person used or employed an act or practice declared unlawful by AS 45.50.471.
   (f) A person may not commence an action under this section more than two years after the person discovers or reasonably should have discovered that the loss resulted from an act or practice declared unlawful by AS 45.50.471.
   (g)   [Repealed, Sec. 6 ch 96 SLA 1998]. 
   (h) If the basis for the action is the fault of the manufacturer or supplier of the merchandise, the manufacturer or supplier who is at fault is liable for the damages awarded against the retailer under this section.
   (i) If a person receives an award of punitive damages under (a) of this section, the court shall require that 50 percent of the award be deposited into the general fund of the state under AS 09.17.020(j). This subsection does not grant the state the right to file or join a civil action to recover punitive damages.

Authorities

45.48.080;45.50.473;45.50.535;45.50.536

Notes

References

AS 45.48.080 Violations.
AS 45.50.473 Disclosure of costs of certain telephone services.
AS 45.50.535 Private injunctive relief.
AS 45.50.536 Mediation.

History

(Sec. 2 ch 246 SLA 1970; am Sec. 1 ch 225 SLA 1976; am Sec. 1 - 4 ch 31 SLA 1987; am Sec. 3, 4, 6 ch 96 SLA 1998)