553.12  Remedies.

The state or a person who is injured or threatened with injury by conduct prohibited under this chapter may bring suit to:

1.  Prevent or restrain conduct prohibited under this chapter and remove the conduct's effect by injunction, divestiture, divorcement, dissolution of domestic enterprises right to do business in this state, compelling the forfeiture or restraint of the issuance of a certificate of incorporation, permit to transact business, license, or franchise, or granting other equitable relief. The state may bring suit under this section without posting bond.

2.  Recover actual damages resulting from conduct prohibited under this chapter.

3.  Recover, at the court's discretion, exemplary damages which do not exceed twice the actual damages awarded under subsection 2, from a person other than a city or county or legal entity created by a city or county, if:

a.  The trier of fact determines that the prohibited conduct is willful or flagrant; and,

b.  The person bringing suit is not the state.

4.  Recover the necessary costs of bringing suit, including a reasonable attorney fee. However, the state may not recover any attorney fee.

Section History: Early form

  [C77, 79, 81, § 553.12]

Section History: Recent form

  84 Acts, ch 1020, § 2

Internal References

  Referred to in § 553.13, 553.16, 553.17


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