§ 11-52.1-5 - Civil action.
SECTION 11-52.1-5
§ 11-52.1-5 Civil action. – (a) The attorney general, or any person who either is engaged in the businessof providing Internet access service to the public or owns a webpage ortrademark and is adversely affected by reason of a violation of the chapter,may bring a civil action against a person who violates this chapter in order to:
(1) enjoin further violations of this chapter; and
(2) recover the greater of: (i) the actual damages incurredas a result of such violation(s); or (ii) five hundred thousand dollars($500,000) for each violation of this chapter.
(b) In any action brought pursuant to this section, the courtmay increase the damage award to an amount equal to not more than three (3)times the amount otherwise available under this section, if the courtdetermines that the violating party has engaged in a pattern and practice ofviolating this chapter. The attorney general or other aggrieved party may alsorecover reasonable attorneys' fees and costs, and any other relief that thecourt deems appropriate.
(c) For purposes of this chapter, multiple violationsresulting from any single action shall constitute one violation.
(d) A the request of any party to an action brought pursuantto this section, the court may, in its discretion, conduct all legalproceedings in such a way as to protect the secrecy and security of theinformation involved in order to prevent possible recurrence of the same or asimilar act by another person and to protect any trade secrets of any party.
(e) The provisions of this section shall not be construed tolimit any person's right to pursue any additional civil remedy otherwiseallowed by law.