Introduced

SB 727 - This act modifies provisions relating to civil actions for unlawful merchandising practices. 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 for failure 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.

This act is identical to provisions in SCS/SB 276 (2019) and in SCS/HB 186 (2019) and is similar to HB 714 (2019).

KATIE O'BRIEN


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