Commerce and Trade
Unfair Competition Act
Section 103
Private action for unfair competition.
     13-5a-103.   Private action for unfair competition.
     (1) (a) Except as provided in Subsection (2), a person injured by unfair competition may bring a private cause of action against a person who engages in unfair competition.
     (b) In an action under this Subsection (1), a person injured by unfair competition may recover:
     (i) actual damages;
     (ii) costs and attorney fees; and
     (iii) if the court determines that the circumstances are appropriate, punitive damages.
     (2) A person may not bring an action described in Subsection (1) against:
     (a) a depository institution; or
     (b) an entity that:
     (i) controls a depository institution;
     (ii) is controlled by an entity that controls a depository institution; or
     (iii) is controlled by a depository institution.

Enacted by Chapter 372, 2004 General Session
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