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SB 276 - 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. Damages shall be measured by the person's out-of-pocket loss, as defined in the act. In addition to current damages, a court may provide injunctive relief as 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. KATIE O'BRIEN
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