30-25-204. Remedies available -- apportionment of damages.

369 words·~2 min read·/mt/title-30/chapter-25/part-2/30-25-204·

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30-25-204 . Remedies available -- apportionment of damages.

(1)A plaintiff who brings an action under 30-25-203 may seek any of the following:

(a)injunctive relief;

(b)declaratory relief;

(c)compensatory damages;

(d)punitive damages;

(e)statutory damages, which are the following amounts:

(i)$100,000 for a strict violation of 30-25-202 ;

(ii)$1,000,000 for a violation of 30-25-202 that is committed negligently or recklessly; or

(iii)$5,000,000 for a violation of 30-25-202 that is committed purposely or knowingly; and

(f)reasonable attorney fees and costs incurred in bringing the action.

(2)In addition to the remedies provided in subsection (1), a victim may seek restitution.

(3)For each unique violation under 30-25-202 , a plaintiff's recovery of statutory damages is limited to one subsection under subsections (1)(e)(i) through (1)(e)(iii).

(4)In an action in which the remedies under subsection

(1)are ordered:

(a)compensatory damages for each violation must be paid to the victim; and

(b)the amount of punitive and statutory damages must be apportioned for each violation as follows:

(i)in an action brought by a private plaintiff in which a victim is reasonably identified by the court, regardless of the victim's involvement as a plaintiff:

(A)50% to a victim, or equally divided among multiple victims;

(B)35% to a private plaintiff; and

(ii)in an action brought by a victim in which there is not a nonvictim plaintiff:

(A)80% to a victim, or equally divided among multiple victims; and

(B)20% to the department to be deposited into a state special revenue account to the credit of the department; or

(iii)in an action brought by a private plaintiff in which no victim is reasonably identified by the court:

(A)60% to a private plaintiff; and

(B)40% to the department to be deposited into a state special revenue account to the credit of the department.

(5)If damages are awarded in an action described in subsection (4)(b)(iii), the combined amount of punitive and statutory damages must be reduced by 50% and the remaining amount must be apportioned as described in subsection (4)(b)(iii).