Sec. 6. (a) The attorney general, a prosecuting attorney, or an individual may maintain an action to enjoin any act that is in violation of this chapter and for the recovery of damages.

     (b) An action brought under this section may be brought in the county where:

(1) the plaintiff resides or conducts business;

(2) the defendant resides or conducts business; or

(3) the card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device purchases was sold, marketed, promoted, advertised, or distributed.

     (c) If the court finds that the defendant violated any provision of this chapter, the court shall enjoin the defendant from continuing the acts that are in violation of this chapter.

     (d) A plaintiff who prevails in an action under this chapter may recover the following:

(1) A sum equal to one hundred dollars ($100) per card, device, or other purchasing mechanism that is sold or distributed in Indiana by the defendant or ten thousand dollars ($10,000), whichever is greater.

(2) Three (3) times the amount of actual damages, if any.

(3) Reasonable attorney’s fees.

(4) Court costs.

(5) Any other relief that the court considers proper.

As added by P.L.230-2001, SEC.1.