§487-14  Restitution.  (a)  In
any action brought by the director of the office of consumer protection, the
court may include in its orders or judgments such provisions as may be
necessary to effect restitution.  Any person in whose favor restitution is ordered
need not accept restitution, but the person's acceptance and full performance
of restitution shall bar recovery by the person of any other damages in any
action on account of the same acts or practices against the person making
restitution.



(b)  Whenever a corporation is ordered to pay
restitution under subsection (a), the court hearing the action may include in
its orders or judgments that the corporation and the individual directors,
officers, or agents of the corporation who authorized, ordered, or had done, or
participated in any of the unlawful acts and practices which caused, in whole
or in part, injuries to any person, are jointly and severally liable for the
payment of restitution.



(c)  Whenever a domestic or foreign limited
liability company is ordered to pay restitution under subsection (a), the court
hearing the action may include in its orders or judgments that the limited
liability company and the individual members, managers, or agents of the
limited liability company who authorized, ordered, had done, or participated in
any of the unlawful acts and practices that caused, in whole or in part,
injuries to any person, are jointly and severally liable for the payment of
restitution.



(d)  The office of consumer protection may
establish and maintain an account for purposes of holding and disbursing moneys
received or recovered by it and which are due consumers as restitution.



(e)  The director of the office of consumer
protection may assign to a consumer for collection that portion of any judgment
awarding restitution to that consumer.



(f)  If a person commits a violation of section
480-2 which is directed toward, targets, or injures an elder, the court, in
addition to the restitution authorized by [subsection] (a), may award the elder
an additional sum up to but not to exceed the amount of restitution ordered in
subsection (a).  In determining the amount, if any, of an award under this
subsection, the court shall consider the factors set forth in section 480-13.5.
[L 1975, c 99, §1; am L 1976, c 111, §1; gen ch 1985; am L 1987, c 69, §1; am L
1989, c 230, §3; am L 1991, c 53, §1; am L 1996, c 92, §18; am L 1998, c 179,
§3]



 



Cross References



 



  Some other actions or penalties for violations committed
against elders, see §§28-94, 412:3-114.5, 444-10.7, 454-4.5, 480-13, 480-13.5,
485A-603.5, and 485A-604.5.



 



Case Notes



 



  Where, pursuant to §487-5, the director of the office of
consumer protection is designated the consumer counsel for the State "and
shall represent and protect the State, the respective counties, and the general
public as consumers", in bringing civil actions or proceedings for the
purpose of enforcing consumer protection laws and rules, the director is
statutorily authorized to obtain restitution for injured consumers under this section. 
110 H. 504, 135 P.3d 113.



  Cited:  451 F. Supp. 2d 1147.