17-1768.   Same; remedies.(a) The attorney general, county or district attorney may bring an action to:

      (1)   Obtain a declaratory judgment that an act or practice violates this act;

      (2)   enjoin, or to obtain a restraining order against a charitableorganization, professional fund raiser or professional solicitor who hasviolated, is violating, or is otherwise likely to violate this act;

      (3)   recover actual damages on behalf of the state and other persons byreason of violations of this act; and

      (4)   recover reasonable expenses and investigation fees.

      (b)   In lieu of instigating or continuing an action or proceeding, theattorney general, county or district attorney may accept a consentjudgment with respect to any act orpractice declared to be a violation of this act. Before any consentjudgment entered into pursuant to this act shall be effective, suchjudgment must be approved by the district court and an entry made thereofin the manner required for making an entry of judgment. Once such approvalis received, any breach of the conditions of the consent judgment shall betreated as a violation of a court order, and shall be subject to all thepenalties provided by law therefor.

      (c)   In any action brought by the attorney general, county or districtattorney, the court, withoutrequiring bond of the attorney general, county or district attorney, may:

      (1)   Make such orders or judgments as may be necessary to prevent the useor employment by a person of any practices declared to be a violation of this act;

      (2)   make such orders or judgments as may be necessary to compensate thestate or any persons for damages sustained; or

      (3)   grant other appropriate relief.

      (d)   Upon a showing by the attorney general, county or districtattorney in an application for aninjunction that any person engaged in the solicitation for charitablepurposes has been convicted in this state or elsewhere of a felony or of amisdemeanor where such felony or misdemeanor involved the misappropriation,misapplication or misuse of money or property of another, the attorneygeneral, county or district attorney may enjoin such persons fromengaging in any solicitation for charitable purposes.

      History:   L. 1988, ch. 96, § 10;L. 1990, ch. 84, § 4; July 1.