Viewing an earlier, undated versionView current (1) An individual whose personal identity has been abused under Section 45-3-3 of this act may bring an action against a person who published the advertisement:
- (a) if the advertisement, on its face is such that a reasonable person would conclude that it is unlikely that an individual would consent to such use; and
- (b) the publisher did not take reasonable steps to assure that consent was obtained.
- (2) In an action under this section, the plaintiff shall be entitled to injunctive relief, damages alleged and proved, exemplary damages, and reasonable attorney's fees and costs.