(a) In the case of any violation or threatened violation of this article, the department or any person injured by the violation or who shall suffer injury from the threatened violation may maintain an action in any court of competent jurisdiction to prevent, restrain or enjoin such violation or threatened violation. If in such action a violation or threatened violation of this article shall be established, the court shall enjoin and restrain or otherwise prohibit such violation or threatened violation, and in addition thereto the court shall assess in favor of the plaintiff and against the defendant the costs of suit, including reasonable attorney fees. In any such action it shall not be necessary that actual damages to the plaintiff be alleged or proved, but, where alleged and proved by a plaintiff other than the department, the plaintiff in the action shall be entitled to recover from the defendant the actual damages sustained by him in addition to such injunctive relief and costs of suit and reasonable attorney fees.

(b) If no injunctive relief is sought or required, any person injured by a violation of this article may maintain an action for damages and cost of suit in any court of competent jurisdiction.