Enforcement - civil damages

6-4-115. Enforcement - civil damages. (1) Any person injured, either directly or indirectly, in its business or property by reason of any violation of this article 4 may sue and, if successful, is entitled to recover any actual damages that the person sustained. If the violation alleged and proved is determined by the court to be a per se violation of this article 4, the person may recover three times the actual damages that the person sustains. (2) In any action brought pursuant to this section, the court, in its discretion, may award the prevailing party its expert fees, the costs of the action, and reasonable attorney fees. (3) No damages, costs, expert fees, costs of investigation, civil penalties, or attorney fees may be recovered from: (a) A governmental or public entity; (b) Any official, agent, or employee of a governmental or public entity acting in an official capacity; or (c) Any person based on any official action directed by a governmental or public entity. Source: L. 2023: Entire article R&RE, (HB 23-1192), ch. 427, p. 2516, � 2, effective June 7. Editor's note: This section is similar to former � 6-4-114 as it existed prior to 2023.