Oklahoma § 15-756.1 - Actions by Attorney General or district attorney Consent judgment - Orders

§ 15-756.1. Actions by Attorney General or district attorney Consent judgment - Orders

A. The Attorney General or a district attorney may bring an

action:

1. To obtain a declaratory judgment that an act or practice

violates the Consumer Protection Act;

2. To enjoin, or to obtain a restraining order against a person

who has violated, is violating, or is likely to violate the Consumer

Protection Act;

3. To recover actual damages and, in the case of unconscionable

conduct, penalties as provided by this act, on behalf of an

aggrieved consumer, in an individual action only, for violation of

the Consumer Protection Act; or

4. To recover reasonable expenses and investigation fees.

B. In lieu of instigating or continuing an action or

proceeding, the Attorney General or a district attorney may accept a

consent judgment with respect to any act or practice declared to be

a violation of the Consumer Protection Act. Such a consent judgment

shall provide for the discontinuance by the person entering the same

of any act or practice declared to be a violation of the Consumer

Protection Act, and it may include a stipulation for the payment by

such person of reasonable expenses and investigation fees incurred

by the Attorney General or a district attorney. The consent

judgment also may include a stipulation for restitution to be made

by such person to consumers of money, property or other things

received from such consumers in connection with a violation of this

act and also may include a stipulation for specific performance.

Any consent judgment entered into pursuant to this section shall not

be deemed to admit the violation, unless it does so by its terms.

Before any consent judgment entered into pursuant to this section

shall be effective, it must be approved by the district court and an

entry made thereof in the manner required for making an entry of

judgment. Once such approval is received, any breach of the

conditions of such consent judgment shall be treated as a violation

of a court order, and shall be subject to all the penalties provided

by law therefor.

C. In any action brought by the Attorney General or a district

attorney, the court may:

1. Make such orders or judgments as may be necessary to prevent

the use or employment by a person of any practice declared to be a

violation of the Consumer Protection Act;

Oklahoma Statutes - Title 15. Contracts

2. Make such orders or judgments as may be necessary to

compensate any person for damages sustained;

3. Make such orders or judgments as may be necessary to carry

out a transaction in accordance with consumers' reasonable

expectations;

4. Appoint a master or receiver or order sequestration of

assets to prevent the use or enjoyment of proceeds derived through

illegal means and assess the expenses of a master or receiver

against the defendant;

5. Revoke any license or certificate authorizing that person to

engage in business in this state;

6. Enjoin any person from engaging in business in this state;

or

7. Grant other appropriate relief.

D. When an action is filed under the Consumer Protection Act by

a district attorney or the Attorney General, no action seeking an

injunction or declaratory judgment shall be filed in any other

county or district in this state based upon the same transaction or

occurrence, series of transactions or occurrences, or allegations

which form the basis of the first action filed.

Added by Laws 1980, c. 192, § 3, eff. Oct. 1, 1980. Amended by Laws

1994, c. 235, § 3, eff. Sept. 1, 1994.