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First Substitute H.B. 90
5 This act modifies the truth in advertising provisions of the Commerce and Trade Code. The
6 act requires that notice and an opportunity to promulgate a corrective advertisement be
7 given before a person, including the state, files a lawsuit for an injunction or for damages.
8 However, even if a corrective action is promulgated the act allows for the recovery of actual
9 damages. The act provides for statutory damages if a corrective advertisement is not timely
10 promulgated. The act makes technical changes.
11 This act affects sections of Utah Code Annotated 1953 as follows:
13 13-11a-4, as enacted by Chapter 205, Laws of Utah 1989
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 13-11a-4 is amended to read:
16 13-11a-4. Jurisdiction of district courts -- Injunctive relief -- Damages -- Attorneys'
17 fees -- Corrective advertising -- Notification required.
18 (1) The district courts of this state have jurisdiction over any supplier as to any act or
19 practice in this state governed by this chapter [
20 trade practice as defined in this chapter.
21 (2) (a) [
22 including the state, may maintain an action to enjoin [
23 which violates this chapter and[
25 (b) In an action for injunctive relief under Subsection (2)(a), the court shall enjoin the
26 defendant from an act which violates this chapter if the court finds that the defendant is violating
27 or has violated any of the provisions of this chapter[
30 defendant the greater of the following:
31 (i) the amount of actual damages sustained [
32 (ii) $2,000.
34 The court shall award attorneys' fees to the prevailing party.
35 (3) The court may order the defendant to promulgate a corrective [
36 advertisement by the same media and with the same distribution and frequency as the [
37 advertisement found to violate this chapter.
38 (4) The remedies of this section are in addition to remedies otherwise available for the
39 same conduct under state or local law.
40 (5) (a) No action [
41 the complaining person first gives notice of the alleged violation to the prospective defendant and
42 provides the prospective defendant an opportunity to promulgate a [
43 advertisement by the same media as the allegedly violating advertisement.
44 (b) If the prospective defendant does not promulgate a [
45 advertisement within ten days of receipt of the notice, the complaining person may file a lawsuit
47 Subsection (2)(c).
48 (c) Even if the prospective defendant promulgates a corrective advertisement, the
49 complaining person may file a lawsuit for actual damages under Subsection (2)(c)(i).
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