44-1231.03. Enforcement; civil action and penalty; injunctive relief; restitution; private right of action; damages

251 words·~1 min read·/az/title-44/44-1231-03

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The attorney general or the county attorney shall enforce the provisions of this article. An authorized tribal prosecutor may assist the attorney general or the county attorney in determining whether the provisions of this article are violated.

B. In addition to the criminal penalties provided in this article, the attorney general or the county attorney may bring a civil action for a violation of this article, and the court may order temporary or permanent injunctive relief. In such an action the court may order restitution to the injured party and such other relief the court determines is appropriate.

C. In an action brought under this section, if the court finds that a person is wilfully using or has wilfully used a method, act or practice that is unlawful under this article, the attorney general or county attorney may recover a civil penalty of not more than five thousand dollars for each violation.

D. Civil penalties collected pursuant to this section shall be deposited in the state general fund if the action is brought by the attorney general and in the county general fund where the action is prosecuted if the action is brought by the county attorney.

E. Unless restitution is ordered in an action brought under subsection B, a person who suffers financial injury or damages by reason of any conduct which is in violation of this article may sue in the superior court and recover actual damages sustained and the cost of the suit, including reasonable attorney fees.