SCS CSHB 203(JUD): "An Act relating to actions for unlawful trade practices."
00SENATE CS FOR CS FOR HOUSE BILL NO. 203(JUD) 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 09.60.015 is amended by adding a new subsection to read: 04 (c) This section is subject to AS 45.50.537. 05 * Sec. 2. AS 45.50.473(c) is amended to read: 06 (c) A violation of this section constitutes an unfair or deceptive act or practice 07 under AS 45.50.471. It [NOTWITHSTANDING AS 45.50.531(a), IT] is presumed 08 that actual damages to the consumer under AS 45.50.531(a) are equal to the cost of 09 the service provided plus $200. Additional damages must be proved. 10 * Sec. 3. AS 45.50.531(a) is amended to read: 11 (a) A person who suffers an ascertainable loss of money or property as a result 12 of another person's act or practice declared unlawful by AS 45.50.471 may bring a 13 civil action to recover for each unlawful act or practice three times the actual 14 damages or $500 [$200], whichever is greater. [THE COURT MAY, IN CASES OF
01 WILFUL VIOLATION, AWARD UP TO THREE TIMES THE ACTUAL DAMAGES 02 SUSTAINED.] The court may provide other relief it considers necessary and proper. 03 Nothing in this subsection prevents a person who brings an action under this 04 subsection from pursuing other remedies available under other law, including 05 common law. 06 * Sec. 4. AS 45.50.531 is amended by adding a new subsection to read: 07 (i) If a person receives an award of punitive damages under (a) of this section, 08 the court shall require that 50 percent of the award be deposited into the general fund 09 of the state under AS 09.17.020(j). This subsection does not grant the state the right 10 to file or join a civil action to recover punitive damages. 11 * Sec. 5. AS 45.50 is amended by adding new sections to read: 12 Sec. 45.50.535. Private injunctive relief. (a) Subject to (b) of this section 13 and in addition to any right to bring an action under AS 45.50.531 or other law, any 14 person who was the victim of the unlawful act, whether or not the person suffered 15 actual damages, may bring an action to obtain an injunction prohibiting a seller or 16 lessor from continuing to engage in an act or practice declared unlawful under 17 AS 45.50.471. 18 (b) A person may not bring an action under (a) of this section unless 19 (1) the person first provides written notice to the seller or lessor who 20 engaged in the unlawful act or practice that the person will seek an injunction against 21 the seller or lessor if the seller or lessor fails to promptly stop the unlawful act or 22 practice; and 23 (2) the seller or lessor fails to promptly stop the unlawful act or 24 practice after receiving the notice. 25 Sec. 45.50.536. Mediation. Notwithstanding the other provisions of 26 AS 45.50.471 - 45.50.561, a civil action under AS 45.50.531 or 45.50.535 may be 27 submitted to mediation under the Alaska Rules of Civil Procedure. The mediation 28 must begin within 30 days after the court's order for mediation. During mediation, the 29 court may, if it is determined appropriate by the court, enjoin the defendant from 30 engaging in the act or practice that is the subject of the civil action. 31 Sec. 45.50.537. Attorney fees, costs, and damages. (a) In an action brought
01 by a private person under AS 45.50.471 - 45.50.561, a prevailing plaintiff shall be 02 awarded costs as provided by court rule and full reasonable attorney fees at the 03 prevailing reasonable rate. 04 (b) Unless the action is found to be frivolous, in an action brought by a private 05 person under AS 45.50.471 - 45.50.561, a prevailing defendant shall be awarded 06 attorney fees and costs as provided by court rule. If the action is found to be 07 frivolous, the attorney fees to be awarded to the defendant shall be full reasonable 08 attorney fees at the prevailing reasonable rate. 09 (c) Notwithstanding the other provisions of this section, in an action brought 10 by a private person under AS 45.50.471 - 45.50.561, if the plaintiff is not the 11 prevailing party and if the court finds that the action was brought by the plaintiff to 12 obtain a competitive business advantage, the court shall award a prevailing defendant 13 costs as provided by court rule, full reasonable attorney fees at the prevailing 14 reasonable rate, and any damages suffered by the prevailing defendant as a result of 15 the plaintiff's allegations. 16 (d) In this section, "frivolous" means 17 (1) not reasonably based on evidence or on existing law or a reasonable 18 extension, modification, or reversal of existing law; or 19 (2) brought to harass the defendant or to cause unnecessary delay or 20 needless expense. 21 * Sec. 6. AS 45.50.531(g) is repealed. 22 * Sec. 7. AS 45.50.536, enacted by sec. 5 of this Act, only applies to causes of action that 23 accrue on or after the effective date of this Act.