Okla. Stat. tit. 78, § 78-54
This is the official text of Okla. Stat. tit. 78, § 78-54, part of Oklahoma’s Stat. tit. 78, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 78,." Browse the sections below, each linked to its official government source.
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Remedies
Official statutory text
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
Oklahoma Statutes - Title 78. Trade Marks and Labels Page 12
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, 14 and 15 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 the
Oklahoma Deceptive Trade Practices Act, the court may, in its
discretion, award reasonable attorney 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 attorney 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.
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
Oklahoma Statutes - Title 78. Trade Marks and Labels Page 12
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, 14 and 15 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 the
Oklahoma Deceptive Trade Practices Act, the court may, in its
discretion, award reasonable attorney 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 attorney 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.
Status: in_force · Read it on the official government site
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