§ 18-543 — Civil remedies; damages

A. A person who either is engaged in the business of providing internet access service to the public or owns a web page or trademark and who is adversely affected by reason of a violation of this article may bring an action against a person who violates this article to:

1. Enjoin further violations of this article.

2. Recover the greater of actual damages or two thousand five hundred dollars for each separate violation of this article.

B. A person, other than a person who is described in subsection A of this section, who is adversely affected by reason of a violation of this article may bring an action only against the person who violates this article to:

1. Enjoin further violations of this article.

2. Recover the greater of actual damages or five thousand dollars for each separate violation of this article.

C. The attorney general may bring an action against a person who violates this article to:

1. Enjoin further violations of this article.

2. Recover two thousand five hundred dollars per violation.

D. An action under this section must be brought within three years after the violation is discovered or by the exercise of reasonable diligence should have been discovered, whichever is earlier.

E. In an action under this section, the court may increase a damage award to an amount equal to not more than three times the amount otherwise available under this section if the court determines that the defendant has engaged in a pattern and practice of violating this article.

F. The attorney general may also recover reasonable attorney fees and costs.

G. For the purposes of this section, multiple violations of this article resulting from any single action or act shall constitute one violation.