Chapter 329
2021 -- H 6142 SUBSTITUTE A
Enacted 07/09/2021

A N   A C T
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- DECEPTIVE TRADE PRACTICES

Introduced By: Representatives C Lima, Phillips, Carson, Caldwell, Serpa, Fellela, Fenton-Fung, and Casey

Date Introduced: March 17, 2021

It is enacted by the General Assembly as follows:
     SECTION 1. Sections 6-13.1-4, 6-13.1-5, 6-13.1-5.2 and 6-13.1-8 of the General Laws in
Chapter 6-13.1 entitled "Deceptive Trade Practices" are hereby amended to read as follows:
     6-13.1-4. Exemptions.
     (a) Nothing in this chapter shall apply to actions or transactions permitted under laws
administered by the department of business regulation or other regulatory body or officer acting
under statutory authority of this state or the United States.
     (b) For actions brought by the attorney general, the exemption in subsection (a) of this
section, applies only if the person claiming the exemption shows that:
     (1) The person's business activities are subject to regulation by a state or federal agency;
and
     (2) The activity or conduct is in compliance with orders, including insurance bulletins, or
rules of, or a statute administered by, a federal or state government agency.
     6-13.1-5. Restraining prohibited acts.
     (a) Whenever the attorney general has reason to believe that any person is using, has used,
or is about to use any method, act, or practice declared to be unlawful by § 6-13.1-2, and that
proceedings would be in the public interest, the attorney general may bring an action in the name
of the state against the person to restrain by temporary or permanent injunction the use of the
method, act, or practice, upon the giving of appropriate notice to that person and to seek any other
relief that may be appropriate. The notice must generally state the relief sought and be served in
accordance with § 6-13.1-7 and at least three (3) days before the hearing of the action.
     (b) The action may be brought in the superior court of the county in which the person shall
dwell or be found; or have his principal place of business; or with consent of the parties; or if the
person is a nonresident or has no principal place of business within this state or if the superior court
shall not be in session in the counties previously said to be applicable, may be brought in the
superior court of Providence County. The superior courts are authorized to issue temporary or
permanent injunctions to restrain and prevent violations of this chapter and the injunctions shall be
issued without bond.
     (c) The court may make any additional orders or judgments that may be necessary to restore
to any person in interest any moneys or property, real or personal, that may have been acquired by
means of any practice in this chapter declared to be unlawful, including the appointment of a
receiver in any case where the superior court finds that the assets of a corporation are in danger of
being misapplied, dissipated, wasted, or lost, or the revocation of a license or certificate authorizing
that person to engage in business in this state, or both.
     (d) Actions under this chapter may be brought without regard to the pendency of criminal
proceedings arising out of the same acts or practices and no action shall bar the institution of
criminal proceedings arising out of the same acts or practices. No involuntary admission by any
person in the action shall be admissible in any subsequent criminal proceeding.
     (e) Any person who violates the terms of an injunction issued under this section shall forfeit
and pay to the state a civil penalty of not more than ten thousand dollars ($10,000) per violation.
For the purposes of this section, the superior court of a county issuing an injunction shall retain
jurisdiction, and the cause shall be continued, and in those cases the attorney general, acting in the
name of the state, may petition for recovery of civil penalties and damages.
     6-13.1-5.2. Private and class actions.
     (a) Any person who purchases or leases goods or services primarily for personal, family,
or household purposes and thereby suffers any ascertainable loss of money or property, real or
personal, as a result of the use or employment by another person of a method, act, or practice
declared unlawful by § 6-13.1-2, may bring an action under the rules of civil procedure in the
superior court of the county in which the seller or lessor resides; is found; has his or her principal
place of business or is doing business; or in the superior court of the county as is otherwise provided
by law, to recover actual damages or two hundred dollars ($200) five hundred dollars ($500),
whichever is greater. The court may award damages equal to three (3) times the amount of actual
damages and, in its discretion, award punitive damages and may provide other equitable relief that
it deems necessary or proper.
     (b) Persons entitled to bring an action under subsection (a) of this section may, if the
unlawful method, act, or practice has caused similar injury to numerous other persons similarly
situated and if they adequately represent the similarly situated persons, bring an action on behalf
of themselves and other similarly injured and situated persons to recover damages as provided for
in subsection (a) of this section. In any action brought under this section, the court may in its
discretion order, in addition to damages, injunctive or other equitable relief.
     (c) Upon commencement of any action brought under subsection (a) of this section, the
clerk of court shall mail a copy of the complaint or other initial pleading to the attorney general
and, upon entry of any judgment or decree in the action, shall mail a copy of the judgment or decree
to the attorney general.
     (d) In any action brought by a person under this section, the court may award, in addition
to the relief provided in this section, reasonable attorney's fees and costs.
     (e) Any permanent injunction, judgment, or order of the court made under § 6-13.1-5 shall
be prima facie evidence in an action brought under this section that the respondent used or
employed a method, act, or practice declared unlawful by § 6-13.1-2.
     6-13.1-8. Civil penalties.
     Any person who violates the terms of an injunction issued under § 6-13.1-5 provisions of
this chapter shall forfeit and pay to the state a civil penalty of not more than ten thousand dollars
($10,000) per violation. For the purposes of this section, the superior court of a county issuing an
injunction shall retain jurisdiction, and the cause shall be continued, and in those cases the The
attorney general, acting in the name of the state, may petition for recovery of civil penalties.
     SECTION 2. This act shall take effect upon passage.
========
LC001704/SUB A
========