Okla. Stat. tit. 15, § 15-598.5
This is the official text of Okla. Stat. tit. 15, § 15-598.5, part of Oklahoma’s Stat. tit. 15, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 15,." Browse the sections below, each linked to its official government source.
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Injunctive relief - Damages - Prima facie evidence
Official statutory text
(a) In addition to the penalties provided in the Unfair Sales
Act, any person injured by any violation, or who shall suffer injury
from any threatened violation of the Unfair Sales Act, may maintain
an action in any court of equitable jurisdiction to prevent,
restrain or enjoin such violation or threatened violation. If in
such action a violation or threatened violation of the Unfair Sales
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 the 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 or her.
(b) In the event no injunctive relief is sought or required,
any person injured by a violation of the Unfair Sales 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 the
Unfair Sales 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 such
retailer or wholesaler, shall be prima facie evidence of intent to
injure competitors and to destroy or substantially lessen
competition.
Act, any person injured by any violation, or who shall suffer injury
from any threatened violation of the Unfair Sales Act, may maintain
an action in any court of equitable jurisdiction to prevent,
restrain or enjoin such violation or threatened violation. If in
such action a violation or threatened violation of the Unfair Sales
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 the 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 or her.
(b) In the event no injunctive relief is sought or required,
any person injured by a violation of the Unfair Sales 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 the
Unfair Sales 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 such
retailer or wholesaler, shall be prima facie evidence of intent to
injure competitors and to destroy or substantially lessen
competition.
Status: in_force · Read it on the official government site
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