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78-54.


78-54.
   
   A. Any person damaged or likely to be damaged by a deceptive trade
   practice of another may maintain an action in any court of equitable
   jurisdiction to prevent, restrain or enjoin such deceptive trade
   practice. Proof of actual monetary damages, loss of profits or intent
   shall not be required. If in such action damages are alleged and
   proved, the plaintiff, in addition to injunctive relief, shall be
   entitled to recover from the defendant the actual damages sustained by
   the person.
   
   B. With respect to the deceptive trade practices described in
   paragraphs 13 and 14 of subsection A of Section 53 of this title, the
   Attorney General or a district attorney of this state is authorized to
   bring actions seeking the following relief:
   
   1. Injunctions directed against persons engaged in such deceptive
   trade practices;
   
   2. Recovery of the money unlawfully received from aggrieved consumers
   by persons engaged in the deceptive trade practices to be held in
   escrow for distribution to the aggrieved consumers; and
   
   3. Recovery by the state of the reasonable expenses incurred in the
   investigation of the deceptive trade practices.
   
   C. In any action instituted under the provisions of this act, the
   court may, in its discretion, award reasonable attorneys' fees to the
   prevailing party. If in any such action the court finds either (1)
   that the defendant has willfully engaged in a deceptive trade practice
   or (2) that the plaintiff has acted in bad faith in instituting the
   action, the court shall award reasonable attorneys' fees to the
   prevailing party.
   
   D. The relief provided for in this section is in addition to and not
   in exclusion of remedies otherwise available against the same conduct
   pursuant to the common law or other statutes of this state.
   
   E. Any duly organized and existing trade association, whether
   incorporated or not, is hereby authorized to institute and prosecute a
   suit or suits for injunctive relief hereunder as the real party in
   interest, for or on behalf of one or more of its members, when a
   deceptive trade practice directly or indirectly affects or threatens
   to affect or injure such member or members.
   

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