SB 276
Modifies provisions relating to civil actions to recover damages for unlawful merchandising practices
LR Number:
Last Action:
5/17/2019 - Informal Calendar S Bills for Perfection--SB 276-Rowden, with SCS
Journal Page:
SCS SB 276
Calendar Position:
Effective Date:
August 28, 2019

Current Bill Summary

SCS/SB 276 - This act modifies provisions regarding civil actions for certain unlawful merchandising practices.

An unlawful merchandising practice shall not include any advertisement, merchandise, or transaction in which the merchandise consists of a new residence in a transaction in which the buyer is offered an express warranty in the sale contract by the builder or by a third party warranty paid for by the builder and the sale contract includes a disclaimer. A "residence" is defined as a single-family house, duplex, triplex, quadraplex, or unit in a multiunit residential structure in which the title to each individual unit is transferred to an owner under a condominium or cooperative system and includes common areas and common elements.

Additionally, this act provides that a person seeking to recover damages for unlawful merchandising practices shall establish that the person acted as a reasonable consumer, that the alleged unlawful act caused the person to enter into the transaction that resulted in damage, and the individual damages with sufficiently definitive and objective evidence to allow the loss to be calculated with a reasonable degree of certainty. A court may dismiss a claim where the claim fails to show a likelihood that the alleged unlawful act would mislead a reasonable consumer.

In addition to current damages available, a court may provide equitable relief as it deems necessary to protect the party from the unlawful acts. No action may be brought under this act to recover damages for personal injury or death. Furthermore, this act provides that any award of attorney's fees shall bear a reasonable relationship to the amount of the judgment.



No Amendments Found.