00CS FOR HOUSE BILL NO. 203(L&C)                                                                                        
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 as a result                                      
10 of another person's act or practice declared unlawful by AS 45.50.471 may bring a                                       
11 civil action to recover  for each unlawful act or practice three times the  actual                                    
12 damages or  $500  [$200], whichever is greater.  [THE COURT MAY, IN CASES OF                                          
13 WILFUL VIOLATION, AWARD UP TO THREE TIMES THE ACTUAL DAMAGES                                                            
14 SUSTAINED.]  The court may provide other relief it considers necessary and proper.                                      

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

01 and any damages suffered by the defendant as a result of the plaintiff's allegations.                                   
02    * Sec. 4.  AS 45.50.531(g) is repealed.