TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 9

NEW MOTOR VEHICLE WARRANTIES — MANUFACTURER’S DUTY TO REPAIR, REFUND OR REPLACE

48-908.  Treble damages for bad faith appeal of decision. If the district court finds that a party has removed a decision of an informal dispute settlement mechanism in bad faith, by asserting a claim or defense that is frivolous and costly to the other party, or by asserting an unfounded position solely to delay recovery by the other party, then the court shall award to the prevailing party three (3) times the actual damages sustained, together with costs and attorney’s fees.

History:

[48-908, added 1998, ch. 333, sec. 2, p. 1077.]