Voluntary Compliance

(a)In the administration of this chapter the Attorney General may accept assurance of voluntary compliance with respect to any act or practice which violates this chapter from any person who is engaging in, has engaged in, or is about to engage in the act or practice. The assurance shall be in writing and shall be filed with and subject to the approval of the court in the form of an order that the violator comply with the terms of the assurance of voluntary compliance.

(b)The acceptance of an assurance of voluntary compliance may be conditioned on the stipulation that the person in violation of this chapter restore to any person in interest any money or property, real or personal, which may have been acquired by means of acts or practices which violate this chapter.

(c)An assurance of voluntary compliance shall not be considered an admission of prior violation of this chapter. However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of an assurance is prima facie evidence of a violation of this chapter.

(d)Matters closed by the filing of an assurance of voluntary compliance may be reopened at any time. Assurances of voluntary compliance shall in no way affect individual rights of action under this chapter, except that the rights of individuals with regard to money or property received pursuant to a stipulation in the COL10/29/2021 CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION voluntary compliance under subsection

(b)of this section are governed by the terms of the voluntary compliance.