(b) It is the intent of the legislature that in construing paragraph (a) of this section the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts to Section 5(a) (1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended. (c) This chapter shall not apply to actions or transactions otherwise permitted or regulated by the Federal Trade Commission or any other regulatory body or office acting under statutory authority of this State or the United States.” B. Section 395140(a) of the 1976 Code is amended to read: Any person who suffers any ascertainable outofpocket loss “(a) of money or property, real or personal, as a result of the use or employment by another person of an unfair or deceptive method, act or practice declared unlawful by Section 39520 may bring an action individually, but not in a representative capacity, to recover actual damages. Any person seeking to recover damages under this section shall be required to prove that the unfair or deceptive method, act or practice caused him or her to enter into the transaction that resulted in his or her damages. No award of damages may be made without proof that the person seeking damages suffered an actual outofpocket loss. For purposes of this section, means an amount of money equal to the ‘outofpocket loss’ difference between the amount paid by the consumer for the good or service and the actual market value of the good or service that the consumer actually received. If the court finds that the use or employment of the unfair or deceptive method, act or practice was a willful or knowing violation of Section 39520, the court shall award three times the actual damages sustained and may provide such other relief as it deems necessary or proper. Upon the finding by the court of a violation of this article, the court shall award to the person bringing such action under this section reasonable fees and attorney’s costs.” SECTION 12. Section 5656540(C) of the 1976 Code is amended to read: A violation of this article is not negligence per se or “(C) contributory negligence, and is not admissible as evidence in a civil action. A violation of this article is not negligence per se or contributory negligence as a matter of law, but may be considered in a civil action as evidence of comparative negligence or as
(b) It is the intent of the legislature that in construing paragraph (a) of this section the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts to Section 5(a) (1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended. (c) This chapter shall not apply to actions or transactions otherwise permitted or regulated by the Federal Trade Commission or any other regulatory body or office acting under statutory authority of this State or the United States.” B. Section 395140(a) of the 1976 Code is amended to read: “(a) Any person who suffers any ascertainable outofpocket loss of money or property, real or personal, as a result of the use or employment by another person of an unfair or deceptive method, act or practice declared unlawful by Section 39520 may bring an action individually, but not in a representative capacity, to recover actual damages. Any person seeking to recover damages under this section shall be required to prove that the unfair or deceptive method, act or practice caused him or her to enter into the transaction that resulted in his or her damages. No award of damages may be made without proof that the person seeking damages suffered an actual outofpocket loss. For purposes of this section, ‘outofpocket loss’ means an amount of money equal to the difference between the amount paid by the consumer for the good or service and the actual market value of the good or service that the consumer actually received. If the court finds that the use or employment of the unfair or deceptive method, act or practice was a willful or knowing violation of Section 39520, the court shall award three times the actual damages sustained and may provide such other relief as it deems necessary or proper. Upon the finding by the court of a violation of this article, the court shall award to the person bringing such action under this section reasonable attorney’s fees and costs.” SECTION 12. Section 5656540(C) of the 1976 Code is amended to read: “(C) A violation of this article is not negligence per se or contributory negligence, and is not admissible as evidence in a civil action. A violation of this article is not negligence per se or contributory negligence as a matter of law, but may be considered in a civil action as evidence of comparative negligence or as