Sec. 1. 5 MRSA §213, sub-§1, as amended by PL 1991, c. 536, §1, is further amended to read:

1. Arbitration or court action. Any person who purchases or leases goods, services or property, real or personal, primarily for personal, family or household purposes and thereby suffers any loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by section 207 or by any rule or regulation issued under section 207, subsection 2 may bring an action either by arbitration, if the contract of purchase or lease so specifies, or in the Superior Court or District Court for actual damages, restitution and for such other equitable relief, including an injunction, as the arbitrator or court determines to be necessary and proper. There is a right to trial by jury in any action brought in Superior Court under this section.

Sec. 2. 5 MRSA §213, sub-§1-A, as enacted by PL 1991, c. 536, §2 and affected by §3, is amended to read:

1-A. Settlement offer. At least 30 days prior to the filing of an action for damages, a written demand for relief, identifying the claimant and reasonably describing the unfair and deceptive act or practice relied upon and the injuries suffered, must be mailed or delivered to any prospective respondent at the respondent's last known address. A person receiving a demand for relief, or otherwise a party to any arbitration or litigation arising from the claim that is the subject of the arbitration or court action, may make a written tender of settlement or, if an arbitration or a court action has been filed, an offer of judgment. If the judgment obtained in an arbitration proceeding or court by a claimant is not more favorable than any rejected tender of settlement or offer of judgment, the claimant may not recover attorney's fees or costs incurred after the more favorable tender of settlement or offer of judgment.

The demand requirement of this subsection does not apply if the claim is asserted by way of counterclaim or cross claim.

Sec. 3. 5 MRSA §213, sub-§§2 and 3, as enacted by PL 1973, c. 251, are amended to read:

2. Fees and costs. If the arbitrator or court finds, in any action commenced under this section that there has been a violation of section 207, the petitioner shall, in addition to other relief provided for by this section and irrespective of the amount in controversy, be awarded reasonable attorney's fees and costs incurred in connection with said action.