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§201-9 Forfeiture of franchise or right to do business; appointment of
receiver
Upon petition by the Attorney General, the court having jurisdiction, may, in its
discretion, order the dissolution, suspension or forfeiture of the franchise or right
to do business of any person, firm or corporation which violates the terms of an
injunction issued under section 4 of this act. In addition, the court may appoint a
receiver of the assets of the company.
§201-9.1. Powers of receiver
When a receiver is appointed by the court pursuant to this act, he shall have the
power to sue for, collect, receive and take into his possession all the goods and
chattels, rights and credits, moneys, and effects, lands and tenements, books,
records, documents, papers, choses in action, bills, notes and property of every
description of the person or persons for whom the receiver is appointed, received
by means of any practice declared to be illegal and prohibited by this act,
including property with which such property has been mingled if it cannot be
identified in kind because of such commingling, and to sell, convey, and assign
the same and hold and dispose of the proceeds thereof under the direction of the
court. Any person who has suffered damages as a result of the use or
employment of any unlawful practices and submits proof to the satisfaction of the
court that he has in fact been damaged, my participate with general creditors in
the distribution of assets to the extent he has sustained provable losses. The
court shall have jurisdiction of all questions arising in such proceedings and may
make such orders and judgments therein as may be required.
§201-9.2. Private 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 person, as a result of the
use or employment by any person of a method, act or practice declared
unlawful by section 3 of this act, may bring a private action to recover
actual damages or one hundred dollars ($100), whichever is greater. The
court may, in its discretion, award up to three times the actual damages
sustained, but not less than one hundred dollars ($100), and may provide
such additional relief as it deems necessary or proper. The court may
award to the plaintiff, in addition to other relief provided in this section,
costs and reasonable attorney fees.
(b) Any permanent injunction, judgment or order of the court made under
section 4 of this act shall be prima facie evidence in an action brought
under section 9.2 of this act that the defendant used or employed acts or
practices declared unlawful by section 3 of this act.