SB315 HJUD AM 3-6

            The Committee on the Judiciary moves to amend the bill on page eleven, section one hundred six, line thirteen, following the period by inserting the following:

            “Any party to an action for damages under this subsection has the right to demand a jury             trial.”;

            On page eleven, section one hundred six, line fourteen, by striking the subsection in its entirety, and inserting in lieu thereof the following:

            “(b) No award of damages in an action pursuant to subsection (a) may be made without proof that the person seeking damages suffered an actual out-of-pocket loss that was proximately caused by a violation of this article. If a person seeking to recover damages for a violation of this article alleges that an affirmative misrepresentation is the basis for his or her claim then he or she must prove that the deceptive act or practice caused him or her to enter into the transaction that resulted in his or her damages. If a person seeking to recover damages for a violation of this article alleges that the concealment or omission of information is the basis for his or her claim, then he or she must prove that the person’s loss was proximately caused by the concealment or omission.”

            On page eleven, section one hundred six, line twenty-one, following the word “action” by inserting the words “counterclaim, cross-claim, or third party claim”;

            On page eleven, section one hundred six, line twenty-four, following the word “mail” by inserting the words “return receipt requested”.

            And,

            On page eleven, section one hundred six, line twenty-six, following the word “violation” by inserting a comma and the words “but ten days in the case a cause of action has already been filed” followed by a comma.