Alaska: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

Yes, a person who suffers an ascertainable loss may bring a civil action

Sec. 45.50.531

A person who suffers an ascertainable loss of money or property as a result of another person's act or practice declared unlawful by AS 45.50.471 may bring a civil action

Actual damages

Recovery for the loss a person actually suffered.

Recover three times the actual damages or $500, whichever is greater

Sec. 45.50.531

recover for each unlawful act or practice three times the actual damages or $500, whichever is greater

Statutory minimum damages

A stated minimum or fixed amount of damages.

$500

Sec. 45.50.531

three times the actual damages or $500, whichever is greater

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Three times actual damages; punitive damages may be awarded

Sec. 45.50.531

three times the actual damages or $500, whichever is greater

Attorney fees

Rules for recovering the cost of legal representation.

Prevailing plaintiff shall be awarded full reasonable attorney fees; prevailing defendant awarded unless frivolous

Sec. 45.50.537

a prevailing plaintiff shall be awarded costs as provided by court rule and full reasonable attorney fees at the prevailing reasonable rate

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Written notice to seller or lessor before injunctive relief action; no days specified

Sec. 45.50.535

the person first provides written notice to the seller or lessor who engaged in the unlawful act or practice

Class action limits

Restrictions on bringing claims on behalf of a class.

Not found in the statute text reviewed

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Due consideration and great weight to FTC Act interpretations

Sec. 45.50.545

due consideration and great weight should be given the interpretations of 15 U.S.C. 45(a)(1)

Time limit for a claim

The period in which an action must be brought.

Two years after discovery

Sec. 45.50.531

may not commence an action under this section more than two years after the person discovers or reasonably should have discovered

Injunctive relief

Court orders requiring conduct to stop or change.

Private injunctive relief available; victim may bring action for injunction

Sec. 45.50.535

may bring an action to obtain an injunction prohibiting a seller or lessor from continuing to engage in an act or practice

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

Not less than $1,000 and not more than $25,000 per violation

Sec. 45.50.551

civil penalty of not less than $1,000 and not more than $25,000 for each violation