{"data":{"id":"us-ok/okla.-stat.-tit.-79-79-205","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 79, § 79-205","heading":"Actions by injured parties and Attorney General - Damages","body":"- Injunction - Treble damages to state as parens patriae - Recovery\n\nbarred to persons or entities holding federal judgments -\n\nLimitation.\n\nA. 1. Any person who is injured in his or her business or\n\nproperty by a violation of this act, may obtain appropriate\n\ninjunctive or other equitable relief and monetary damages and shall\n\nrecover threefold the damages sustained, and the cost of suit,\n\nincluding a reasonable attorney fee. The Attorney General may bring\n\nan action in the name of the state, as parens patriae on behalf of\n\nnatural persons residing in the state for appropriate injunctive or\n\nother equitable relief and to secure monetary damages for injury\n\nsustained by such natural persons to their business or property by\n\nreason of any violation of this act. The court shall exclude from\n\nthe amount of the monetary damages awarded in such action any amount\n\nof monetary damages:\n\na. which duplicates amounts which have been awarded for\n\nthe same injury, or\n\nb. which is properly allocable to:\n\n(1) natural persons who have excluded their claims,\n\nand\n\n(2) any other persons.\n\nThe court shall award the state as parens patriae threefold the\n\ntotal damages sustained and the cost of suit, including a reasonable\n\nattorney fee. Whenever the state is hereafter injured in its\n\nbusiness or property by anything forbidden in this act, it may\n\nobtain appropriate injunctive or other equitable relief and monetary\n\ndamages therefor and shall recover actual damages by it sustained\n\nand the cost of suit including a reasonable attorney fee. The court\n\nmay award under this section, pursuant to a motion by such person or\n\nthe state, simple interest on actual damages for the period\n\nbeginning on the date of service of such person's or the state's\n\npleading setting forth a claim under this act and ending on the date\n\nof judgment, or for any shorter period therein, if the court finds\n\nthat the award of such interest for such period is just in the\n\ncircumstances. The Attorney General may bring an action on behalf\n\nof either the state or a political subdivision of the state when\n\neither is injured in its business or property by anything forbidden\n\nby the provisions of this act.\n\n2. In any civil action brought by the Attorney General as\n\nparens patriae, the Attorney General shall, at such times, in such\n\nmanner, and with such content as the court may direct, cause notice\n\nthereof to be given by publication. Any person on whose behalf an\n\naction is brought may elect to exclude from adjudication the portion\n\nof the claim for monetary damages attributable to him or her by\n\nfiling notice of this election with the court within the time\n\nspecified in the notice given pursuant to this paragraph.\n\n3. In a civil action brought by the Attorney General as parens\n\npatriae, the final judgment shall be res judicata as to any claim\n\nunder this section by any person on behalf of whom the action was\n\nbrought and who fails to give notice within the period specified in\n\nthe notice given pursuant to paragraph 2 of this subsection.\n\nB. Any person or governmental entity who or which obtains a\n\njudgment for damages under 15 U.S.C., Section 15 or any other\n\nprovision of federal law comparable to this section may not recover\n\ndamages in a suit under this section based on substantially the same\n\nconduct that was the subject of the federal suit.\n\nC. Any action to recover damages under this section is barred\n\nunless commenced within four (4) years after the claim accrued or\n\nwas discovered, whichever is later.","path":["OK Code","Title 79"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os79.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"090ffe19889653178aef3f3f274903a219b89fa09b4513d2afc1f916a47d2a0f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-79-79-204","next":"us-ok/okla.-stat.-tit.-79-79-206"},"notice":"GroundRules: Original legal text. Not legal advice."}
