78B-4-304. Pleading requirements.
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78B-4-304. Pleading requirements.
(1)In any action commenced under the provisions of Subsection 78B-4-303(2) , the complaint or petition shall state with particularity the following:
(a)the statute, rule, regulation, ordinance, or other law that was allegedly violated;
(b)the facts that are alleged to constitute a material violation of the statute, rule, regulation, ordinance, or other law; and
(c)the facts alleged to demonstrate that the violation proximately caused actual injury to the plaintiff.
(2)The complaint or petition shall also state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that the violation was injurious to consumers.
Renumbered and Amended by Chapter 3 , 2008 General Session