Enforcement; penalties

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A. The Attorney General may cause an action to be brought in the name of the Commonwealth to enjoin any violation of § 59.1-466.6 by any person and to recover a civil penalty in the amount of not less than $1,000 nor more than $5,000 for each such violation. Civil penalties paid pursuant to this section shall be deposited to the Literary Fund.

B. In an action brought under this section, the Attorney General may recover damages and such other relief allowed by law, including restitution on behalf of consumers injured by violations of § 59.1-466.6.

C. In an action brought under this section, the Attorney General may recover reasonable expenses incurred in investigating and preparing the case, and attorneys' fees.

D. Whenever the Attorney General has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in, any violation of § 59.1-466.6, the Attorney General is empowered to issue a civil investigative demand. The provisions of § 59.1-9.10 shall apply, mutatis mutandis, to civil investigative demands issued pursuant to this section.

E. Nothing in this section shall be construed as affecting any private cause of action that may exist under any law of the Commonwealth.

2017, cc. 261, 268.


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