Current through 11/5/2024 election
Section 6-4-113 - Civil penalties(1) The attorney general may bring a civil action on behalf of the state to seek the imposition of a civil penalty for any violation of this article 4. The court, upon finding a violation of this article 4, shall impose a civil penalty to be paid to the general fund of the state in an amount not to exceed one million dollars for each such violation.(2) In determining the amount of a civil penalty, the court shall consider, among other things: (a) The nature and extent of the violation;(b) The number of consumers affected by the violation;(c) Whether the violation was an isolated incident or a continuous pattern and practice of behavior;(d) Whether the violation was the result of willful conduct;(e) Whether the defendant took affirmative steps to conceal such violations; and(f) Whether, given the size and wealth of the defendant, the civil penalty will be an effective deterrent against future violations.Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.L. 92: Entire article R&RE, p. 242, § 1, effective July 1.This section is similar to former § 6-4-105, as it existed prior to 1992.