2005 Idaho Code - 48-608 — LOSS FROM PURCHASE OR LEASE -- ACTUAL AND PUNITIVE DAMAGES

                                  TITLE  48
                        MONOPOLIES AND TRADE PRACTICES
                                  CHAPTER 6
                           CONSUMER PROTECTION ACT
    48-608.  LOSS FROM PURCHASE OR LEASE -- ACTUAL AND PUNITIVE DAMAGES. (1)
Any person who purchases or leases goods or services and thereby suffers any
ascertainable loss of money or property, real or personal, as a result of the
use or employment by another person of a method, act or practice declared
unlawful by this act, may treat any agreement incident thereto as voidable or,
in the alternative, may bring an action to recover actual damages or one
thousand dollars ($1,000), whichever is the greater; provided, however, that
in the case of a class action, the class may bring an action for actual
damages or a total for the class that may not exceed one thousand dollars
($1,000), whichever is the greater.  Any such person or class may also seek
restitution, an order enjoining the use or employment of methods, acts or
practices declared unlawful under this chapter and any other appropriate
relief which the court in its discretion may deem just and necessary. The
court may, in its discretion, award punitive damages and may provide such
equitable relief as it deems necessary or proper in cases of repeated or
flagrant violations.
    (2)  An action brought under subsection (1) of this section may be brought
in the county in which the person against whom it is brought resides, has his
principal place of business, or is doing business, or in the county where the
transaction or any substantial portion thereof occurred.
    (3)  Upon commencement of any action brought under this section, the clerk
of the court shall, for informational purposes only, mail a copy of the
complaint or other initial pleading to the attorney general and, upon entry of
any judgment or decree in the action, shall mail a copy of such judgment or
decree to the attorney general.
    (4)  Costs shall be allowed to the prevailing party unless the court
otherwise directs. In any action brought by a person under this section, the
court shall award, in addition to the relief provided in this section,
reasonable attorney's fees to the plaintiff if he prevails. The court in its
discretion may award attorney's fees to a prevailing defendant if it finds
that the plaintiff's action is spurious or brought for harassment purposes
only.
    (5)  Any permanent injunction, judgment or order of the court made under
section 48-606(1) through (3) or section 48-607, Idaho Code, shall be
admissible as evidence in an action brought under section 48-608, Idaho Code,
that the respondent used or employed a method, act or practice declared
unlawful by this chapter.