(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.

Added by Laws 1949, p. 105, § 5, emerg. eff. May 18, 1949. Amended by Laws 2013, c. 331, § 5, eff. Nov. 1, 2013.