(1) An individual harmed by a violation of 30-25-304 and 30-25-305 may maintain a cause of action for the following remedies:
- (a) injunctive relief;
(b) damages in an amount that is the greater of:
- (i) $1,500; or
- (ii) actual damages sustained to the individual as a result of the violation; and
- (c) recovery for any profits that are attributable to the violation not included in the calculation of actual damages under subsection (1)(b).
- (2) To prove profits under this section, an individual shall submit proof of gross revenues attributable to the violation and the violating party shall prove the party's deductible expenses.
- (3) An individual shall bring a cause of action under this section within 7 years of the discovery of the violation or before the individual reaches 26 years of age, whichever is later.
History: En. Sec. 6, Ch. 650, L. 2025.