Actual damages in state statutes
Recovery for the loss a person actually suffered.
Statute-text comparison only, not legal advice. Verify against the current official code.
Found in reviewed text (43)
- Alabama — Any actual damages sustained by such consumer or person, or the sum of $100, whichever is greater
- Alaska — Recover three times the actual damages or $500, whichever is greater
- California — Actual damages, but in no case shall the total award of damages in a class action be less than one thousand dollars ($1,000).
- Colorado — Actual damages sustained, including prejudgment interest, are recoverable.
- Connecticut — Recoverable by a person who suffers ascertainable loss of money or property.
- Delaware — Damages are recoverable to the extent of out-of-pocket losses in receivership distribution.
- District of Columbia — For a violation of § 28-3904(kk) a consumer may recover or obtain actual damages. Actual damages shall not include dignitary damages, including pain and suffering.
- Florida — recover actual damages
- Georgia — actual damages recoverable
- Hawaii — Damages sustained by the consumer; compensatory damages
- Idaho — Consumer may recover actual damages
- Illinois — Actual economic damages may be awarded at the court's discretion
- Iowa — Actual damages means all compensatory damages proximately caused by the prohibited practice or act that are reasonably ascertainable in amount.
- Kansas — consumer may recover damages or a civil penalty, whichever is greater
- Kentucky — Recovery of actual damages; court may in its discretion award actual damages
- Louisiana — Actual damages recoverable by a person who suffers ascertainable loss.
- Maine — actual damages
- Maryland — recovery for injury or loss sustained
- Massachusetts — recovery shall be in the amount of actual damages or twenty-five dollars, whichever is greater
- Michigan — Recoverable by a person who suffers loss; also recoverable in class actions brought by the attorney general or a person
- Minnesota — Consumer may recover damages
- Missouri — Recoverable - private action to recover actual damages
- Montana — Recover money damages in the amount of any ascertainable loss of money or property
- Nebraska — Recover the actual damages sustained
- Nevada — Any damages that the claimant has sustained.
- New Hampshire — Recovery in the amount of actual damages or $1,000, whichever is greater
- New York — Recover such person's actual damages or fifty dollars, whichever is greater
- North Dakota — actual damages proven
- Ohio — actual economic damages
- Oklahoma — Violator liable to the aggrieved consumer for actual damages sustained by the customer and costs of litigation including reasonable attorney's fees.
- Oregon — A private plaintiff may recover actual damages or statutory damages of $200, whichever is greater
- Pennsylvania — actual damages
- Rhode Island — Recover actual damages or $500, whichever is greater.
- South Carolina — Actual damages recoverable
- South Dakota — recovery of actual damages suffered as a result of such act or practice
- Texas — the amount of economic damages found by the trier of fact
- Utah — actual damages
- Vermont — the amount of his or her damages, or the consideration or the value of the consideration given by the consumer
- Virginia — Yes, recoverable.
- Washington — recover the actual damages sustained
- West Virginia — Actual damages are recoverable.
- Wisconsin — Recover pecuniary loss.
- Wyoming — damages he has actually suffered as a consumer
Not found or not captured (8)
A missing finding does not establish that the law lacks this provision.