SB 745 - This act modifies provisions relating to the institution of a class action for certain unlawful merchandising practices. In such an action, the plaintiffs may seek to recover compensatory but not punitive damages. Currently, a court may order, in addition to damages, injunctive or other equitable relief and reasonable attorney's fees. This act provides that the court may enjoin the practices declared to be unlawful and may determine an award of reasonable attorney's fees for counsel for the class. Such fees shall bear a reasonable relationship to the amount of the judgment. After the commencement of the class action, an order permitting the class action shall specify how the class claims and any issues affecting only individual members will be tried in a manageable, time efficient manner.
Prior to entry of a judgment against a defendant, the court shall require each member of the class to submit a statement requesting a specific dollar amount and information regarding the nature of the member's loss or damages. The statement shall indicate how the loss or damages were caused by the defendant's unlawful act. No award of damages shall be made without objective proof that the members suffered actual damage by the unlawful act. No judgment shall be entered until the amount of money owed to each member based on individual proof is determined. The amount of the judgment shall not exceed the sum of money owed to each class member.
The provisions of this act shall only apply to causes of action that accrue on or after August 28, 2020.
This act is identical to SB 62 (2019).
KATIE O'BRIEN