1. (1)

   1. (a) Except as provided in Subsection (2), a person injured by unfair competition may bring a private cause of action against a person who engages in unfair competition.

   2. (b) In an action under this Subsection (1), a person injured by unfair competition may recover:

      1. (i) actual damages;
      2. (ii) costs and attorney fees; and
      3. (iii) if the court determines that the circumstances are appropriate, punitive damages.

2. (2) A person may not bring an action described in Subsection (1) against:

   1. (a) a depository institution; or

   2. (b) an entity that:

      1. (i) controls a depository institution;
      2. (ii) is controlled by an entity that controls a depository institution; or
      3. (iii) is controlled by a depository institution.

Enacted by Chapter 372, 2004 General Session