(a) A person who suffers an ascertainable loss of money or property as a result of another person’s act or practice declared unlawful by Alaska Stat. § 45.50.471 may bring a civil action to recover for each unlawful act or practice three times the actual damages or $500, whichever is greater. The court may provide other relief it considers necessary and proper. Nothing in this subsection prevents a person who brings an action under this subsection from pursuing other remedies available under other law, including common law.
Terms Used In Alaska Statutes 45.50.531
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b)[Repealed, Sec. 4 ch 31 SLA 1987].(c) Upon commencement of an action brought under this section the clerk of the court shall mail a copy of the complaint or other initial pleading to the attorney general and, upon entry of an order or judgment in the action, shall mail a copy of the order or judgment to the attorney general.(d)[Repealed, Sec. 4 ch 31 SLA 1987].(e) A permanent injunction or final judgment against a person against whom an action was initiated under Alaska Stat. § 45.50.501 is prima facie evidence in an action brought under this section that the person used or employed an act or practice declared unlawful by Alaska Stat. § 45.50.471.(f) A person may not commence an action under this section more than two years after the person discovers or reasonably should have discovered that the loss resulted from an act or practice declared unlawful by Alaska Stat. § 45.50.471.(g)[Repealed, Sec. 6 ch 96 SLA 1998].(h) If the basis for the action is the fault of the manufacturer or supplier of the merchandise, the manufacturer or supplier who is at fault is liable for the damages awarded against the retailer under this section.(i) If a person receives an award of punitive damages under (a) of this section, the court shall require that 50 percent of the award be deposited into the general fund of the state under Alaska Stat. § 09.17.020(j). This subsection does not grant the state the right to file or join a civil action to recover punitive damages.
