STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 1860	By:	Coffee

AS INTRODUCED

An Act relating to unfair sales practices; amending 15 O.S. 2001, Section 598.5, which relates to injunctive relief; clarifying language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     15 O.S. 2001, Section 598.5, is amended to read as follows:
Section 598.5  (a) In addition to the penalties provided in this act, any person injured by any violation, or who shall suffer injury from any threatened violation of this act, may maintain an action in any court of equitable competent jurisdiction to prevent, restrain or enjoin such violation or threatened violation.  If in such action a violation or threatened violation of this act shall be established, the court shall enjoin and restrain or otherwise prohibit, such violation or threatened violation and, in addition thereto, shall assess in favor of the plaintiff and against the defendant the cost of suit.  In such action if damages are alleged and proved, the plaintiff in said action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the actual damages sustained by him.
(b) In the event no injunctive relief is sought or required, any person injured by a violation of this act may maintain an action for damages alone in any court of general jurisdiction, and the measure of damages in such action shall be the same as prescribed in subsection (a) of this section.  Provided this act shall not authorize suits or actions against newspapers, radio broadcasters, or other advertising agencies through which such advertisements are published, broadcast or otherwise made.
(c) Evidence of advertisement, offering to sell, or sale of merchandise by any retailer or wholesaler at less than cost to him, shall be prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.
SECTION 2.  This act shall become effective November 1, 2010.

52-2-2770	SJ	1/12/2010 4:33:30 PM