Oklahoma § 62-2203.4

§ 62-2203.4.

Civil liability.

Oklahoma Statutes - Title 62. Public Finance

A. In addition to the penalties provided by this act, any

person injured by any violation, or who shall suffer injury from any

threatened violation of this act, may maintain an action in any

court of equitable jurisdiction to prevent, restrain or enjoin such

violation or threatened violation. If in such action a violation or

threatened violation of this act shall be established, the court

shall enjoin and restrain or otherwise prohibit such violation or

threatened violation and, in addition thereto, shall assess in favor

of the plaintiff and against the defendant the cost of suit. In

such action if damages are alleged and proved, the plaintiff in the

action, in addition to such injunctive relief and costs of suit,

shall be entitled to recover actual damages from the defendant.

B. In the event no injunctive relief is sought or required, any

person injured by a violation of this act may maintain an action for

damages in any court of general jurisdiction, and the measure of

damages shall be the same as prescribed in subsection A of this

section. Provided, this act shall not authorize suits or actions

against newspapers, radio broadcasters, or other advertising

agencies through which such advertisements are published, broadcast

or otherwise made.

C. Evidence of advertisement, offering to sell, or sale of

disaster relief materials by any retailer or wholesaler at less than

cost, shall be prima facie evidence of intent to injure competitors

and to destroy or substantially lessen competition.

D. Any defendant or any witness in any civil action brought

under the provisions of this act may be required to testify. Any

defendant or any witness, may, upon proper process, be compelled to

produce books, records, invoices and all other documents of the

defendant or witness into court and may be introduced as evidence.

No defendant or any witness in a civil action shall be prosecuted or

subjected to any penalty or forfeiture for or on account of any

transaction or matter. The defendant or witness may be required to

testify or produce evidence, documentary or otherwise. No testimony

thus given or produced shall be received against the defendant or

witness upon any criminal proceeding or investigation.

Added by Laws 2013, c. 400, § 5, eff. Nov. 1, 2013.