Unfair and Deceptive Acts and Practices: 13.6.4.11 Restitution’s Relation to Private Suits
Often there will be one or more private suits, or even a private class action, parallel to the state enforcement action. Sometimes private suits and attorney general suits are joined for management purposes. Where the actions are not joined, in general both actions can proceed. The filing of a private suit by an individual does not stop an attorney general enforcement action. The purposes of the two suits are fundamentally different, as the state’s suit is a law enforcement action intended to protect the public.