Section 12: Civil actions; treble damages; attorneys fees; injunction; stay

248 words·~1 min read·/ma/part-i/title-xv/chapter-93/12

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

Section 12. Any person who shall be injured in his business or property by reason of a violation of the provisions of this chapter may sue therefor and recover the actual damages sustained, together with the costs of suit, including reasonable attorney fees. If the court finds that the violation was engaged in with malicious intent to injure said person, the court may award up to three times the amount of actual damages sustained, together with the costs of suit, including reasonable attorneys fees.

Any person may sue for injunctive relief to prevent threatened damage to his business or property under the same conditions and principles as injunctive relief is granted by courts of equity.

Commencement of an action by the attorney general under section nine, whereunder the attorney general acts as parens patriae on behalf of natural persons residing in the commonwealth, shall serve to stay any civil action under this section or under the provisions of chapter ninety-three A on behalf of said natural persons against the same defendant which is based in whole or in part on any matter complained of in the action commenced by the attorney general.

The superior court shall have jurisdiction of actions brought under this section. Such actions may be brought in any county where a defendant resides or has his principal place of business or in which the violation occurred in whole or in part, or, with the consent of a defendant, in the superior court for Suffolk county.