76-9-406. Injunctive relief against privacy offenses -- Damages.
Any person, or the heirs of any deceased person, who has been injured by a violation of
this part may bring an action against the person who committed the violation. If in the action the
court finds the defendant is violating or has violated any of the provisions of this part, it shall
enjoin the defendant from a continuance thereof. It shall not be necessary that actual damages to
the plaintiffs be alleged or proved, but if damages are alleged and proved, the plaintiff in the
action shall be entitled to recover from the defendant the actual damages, if any, sustained in
addition to injunctive relief. A finding that the defendant is in violation of this part shall entitle the
plaintiff to reasonable attorney's fees. Exemplary damages may be awarded where the violation is
found to be malicious.
Enacted by Chapter 196, 1973 General Session
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Last revised: Thursday, May 28, 2009