00HOUSE BILL NO. 203                                                                                                      
01 "An Act relating to actions for unlawful trade practices."                                                              
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 45.50.473(c) is amended to read:                                                                    
04  (c)  A violation of this section constitutes an unfair or deceptive act or practice                                   
05 under AS 45.50.471.  It [NOTWITHSTANDING AS 45.50.531(a), IT] is presumed                                             
06 that actual damages to the consumer under AS 45.50.531(a) are equal to the cost of                                    
07 the service provided plus $200.  Additional damages must be proved.                                                     
08    * Sec. 2.  AS 45.50.531(a) is amended to read:                                                                       
09  (a)  A person who suffers an ascertainable loss of money or property, or who                                         
10 is otherwise aggrieved, as a result of another person's act or practice declared                                       
11 unlawful by AS 45.50.471 may bring a civil action to recover for each unlawful act                                     
12 or practice three times the actual damages or $500 [$200], whichever is greater.                                     
13 [THE COURT MAY, IN CASES OF WILFUL VIOLATION, AWARD UP TO                                                               
14 THREE TIMES THE ACTUAL DAMAGES SUSTAINED.]  The court may provide                                                       

01 other relief it considers necessary and proper.  Nothing in this subsection prevents                                   
02 a person who brings an action under this subsection from pursuing other                                                 
03 remedies available under other law, including common law.                                                              
04    * Sec. 3.  AS 45.50.531(f) is amended to read:                                                                       
05  (f)  A person may not commence an action under this section more than two                                             
06 years after the person discovers or reasonably should have discovered that the cause                                   
07 of action arose [THE LOSS RESULTED] from an act or practice declared unlawful                                          
08 by AS 45.50.471.                                                                                                        
09     * Sec. 4.  AS 45.50 is amended by adding new sections to read:                                                      
10  Sec.  45.50.535.  Private injunctive relief.  (a)  Subject to (b) of this section                                     
11 and in addition to any right to bring an action under AS 45.50.531 or other law, any                                    
12 person may bring an action to obtain an injunction prohibiting a seller or lessor from                                  
13 continuing  to engage in an unlawful act or practice.                                                                   
14  (b)  A person may not bring an action under (a) of this section unless                                                
15   (1)  the person first provides written notice to the seller or lessor who                                            
16 engaged in the unlawful act or practice that the person will seek an injunction against                                 
17 the seller or lessor unless the seller or lessor fails to promptly stop the unlawful act                                
18 or practice; and                                                                                                        
19   (2)  the seller or lessor fails to promptly stop the unlawful act or                                                 
20 practice after receiving the notice.                                                                                    
21  (c)  It is not necessary that a person suffer damages or otherwise be injured by                                      
22 the unlawful act or practice in order to bring an action under (a) of this section.                                     
23  Sec. 45.50.537.  Attorney fees and costs.  Notwithstanding AS 09.60.015, in                                           
24 an action brought under AS 45.50.471 - 45.50.561, a prevailing plaintiff, whether the                                   
25 state or a private plaintiff, shall be awarded costs as provided by court rule and full                                 
26 reasonable attorney fees at the prevailing reasonable rate, and a private plaintiff, who                                
27 is not the prevailing party, may not be required to pay attorney fees or costs to the                                   
28 defendant unless the court determines that the cause of action brought by the plaintiff                                 
29 is frivolous.                                                                                                           
30    * Sec. 5.  AS 45.50.531(g) is repealed.