Okla. Stat. tit. 79, § 79-205
This is the official text of Okla. Stat. tit. 79, § 79-205, part of Oklahoma’s Stat. tit. 79, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 79,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Actions by injured parties and Attorney General - Damages
Official statutory text
- Injunction - Treble damages to state as parens patriae - Recovery
barred to persons or entities holding federal judgments -
Limitation.
A. 1. Any person who is injured in his or her business or
property by a violation of this act, may obtain appropriate
injunctive or other equitable relief and monetary damages and shall
recover threefold the damages sustained, and the cost of suit,
including a reasonable attorney fee. The Attorney General may bring
an action in the name of the state, as parens patriae on behalf of
natural persons residing in the state for appropriate injunctive or
other equitable relief and to secure monetary damages for injury
sustained by such natural persons to their business or property by
reason of any violation of this act. The court shall exclude from
the amount of the monetary damages awarded in such action any amount
of monetary damages:
a. which duplicates amounts which have been awarded for
the same injury, or
b. which is properly allocable to:
(1) natural persons who have excluded their claims,
and
(2) any other persons.
The court shall award the state as parens patriae threefold the
total damages sustained and the cost of suit, including a reasonable
attorney fee. Whenever the state is hereafter injured in its
business or property by anything forbidden in this act, it may
obtain appropriate injunctive or other equitable relief and monetary
damages therefor and shall recover actual damages by it sustained
and the cost of suit including a reasonable attorney fee. The court
may award under this section, pursuant to a motion by such person or
the state, simple interest on actual damages for the period
beginning on the date of service of such person's or the state's
Oklahoma Statutes - Title 79. Trusts and Pools Page 7
pleading setting forth a claim under this act and ending on the date
of judgment, or for any shorter period therein, if the court finds
that the award of such interest for such period is just in the
circumstances. The Attorney General may bring an action on behalf
of either the state or a political subdivision of the state when
either is injured in its business or property by anything forbidden
by the provisions of this act.
2. In any civil action brought by the Attorney General as
parens patriae, the Attorney General shall, at such times, in such
manner, and with such content as the court may direct, cause notice
thereof to be given by publication. Any person on whose behalf an
action is brought may elect to exclude from adjudication the portion
of the claim for monetary damages attributable to him or her by
filing notice of this election with the court within the time
specified in the notice given pursuant to this paragraph.
3. In a civil action brought by the Attorney General as parens
patriae, the final judgment shall be res judicata as to any claim
under this section by any person on behalf of whom the action was
brought and who fails to give notice within the period specified in
the notice given pursuant to paragraph 2 of this subsection.
B. Any person or governmental entity who or which obtains a
judgment for damages under 15 U.S.C., Section 15 or any other
provision of federal law comparable to this section may not recover
damages in a suit under this section based on substantially the same
conduct that was the subject of the federal suit.
C. Any action to recover damages under this section is barred
unless commenced within four (4) years after the claim accrued or
was discovered, whichever is later.
barred to persons or entities holding federal judgments -
Limitation.
A. 1. Any person who is injured in his or her business or
property by a violation of this act, may obtain appropriate
injunctive or other equitable relief and monetary damages and shall
recover threefold the damages sustained, and the cost of suit,
including a reasonable attorney fee. The Attorney General may bring
an action in the name of the state, as parens patriae on behalf of
natural persons residing in the state for appropriate injunctive or
other equitable relief and to secure monetary damages for injury
sustained by such natural persons to their business or property by
reason of any violation of this act. The court shall exclude from
the amount of the monetary damages awarded in such action any amount
of monetary damages:
a. which duplicates amounts which have been awarded for
the same injury, or
b. which is properly allocable to:
(1) natural persons who have excluded their claims,
and
(2) any other persons.
The court shall award the state as parens patriae threefold the
total damages sustained and the cost of suit, including a reasonable
attorney fee. Whenever the state is hereafter injured in its
business or property by anything forbidden in this act, it may
obtain appropriate injunctive or other equitable relief and monetary
damages therefor and shall recover actual damages by it sustained
and the cost of suit including a reasonable attorney fee. The court
may award under this section, pursuant to a motion by such person or
the state, simple interest on actual damages for the period
beginning on the date of service of such person's or the state's
Oklahoma Statutes - Title 79. Trusts and Pools Page 7
pleading setting forth a claim under this act and ending on the date
of judgment, or for any shorter period therein, if the court finds
that the award of such interest for such period is just in the
circumstances. The Attorney General may bring an action on behalf
of either the state or a political subdivision of the state when
either is injured in its business or property by anything forbidden
by the provisions of this act.
2. In any civil action brought by the Attorney General as
parens patriae, the Attorney General shall, at such times, in such
manner, and with such content as the court may direct, cause notice
thereof to be given by publication. Any person on whose behalf an
action is brought may elect to exclude from adjudication the portion
of the claim for monetary damages attributable to him or her by
filing notice of this election with the court within the time
specified in the notice given pursuant to this paragraph.
3. In a civil action brought by the Attorney General as parens
patriae, the final judgment shall be res judicata as to any claim
under this section by any person on behalf of whom the action was
brought and who fails to give notice within the period specified in
the notice given pursuant to paragraph 2 of this subsection.
B. Any person or governmental entity who or which obtains a
judgment for damages under 15 U.S.C., Section 15 or any other
provision of federal law comparable to this section may not recover
damages in a suit under this section based on substantially the same
conduct that was the subject of the federal suit.
C. Any action to recover damages under this section is barred
unless commenced within four (4) years after the claim accrued or
was discovered, whichever is later.
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.