(a) Upon previous notice and an opportunity for a fair hearing, the Commissioner may impose administrative fines of not more than $5,000.00 for a violation of the provisions of this chapter, or of any valid regulation or order issued pursuant to this chapter. The Commissioner may issue a subpoena requiring the appearance of an individual and the production of documentation of every kind and description reasonably necessary for his deliberations. Any person directly or adversely affected by an act, order or regulation issued by the Commissioner in accordance with the powers granted by this chapter may, within 30 days following his notification, file a written petition to the Superior Court to quash the subpoena indicating therein his objections. After a final decision to impose an administrative fine has been rendered by the Commissioner, it shall be subject to judicial review upon the filing with the Superior Court of a notice of appeal within 30 days after the receipt of the notice of the imposition of the fine which shall have been mailed by the Commissioner by Certified Mail, Return Receipt Requested.
(b) The Commissioner may petition the Superior Court to insure compliance with any order issued or fine imposed within 45 days of the imposition of the order or fine. The Court may impose an additional fine, not to exceed $5,000, for noncompliance with the Commissioner's order or nonpayment of a fine. Such a fine may not be imposed during any appeal of the fine or order.
(c) Upon a finding by the Director of repeated, multiple or persistent violation of any provision of this chapter or of any rule or regulation promulgated hereunder, the Director, on behalf of the Government of the United States Virgin Islands, may, except as hereinafter provided, bring an action to compel the defendant or defendants in such action to pay into the court all monies, property or other things, or proceeds thereof, received as a result of such violations; to direct that the amount of money or the property or other things recovered be paid into an account established pursuant to court order from which account shall be paid over to any and all persons who purchased the goods or services during the period of violation such sum as was paid by them in a transaction involving the prohibited acts or practices plus any costs incurred by such claimants in making and pursuing their complaints; provided, that if such claims exceed the sum recovered into the account, the awards to consumers shall be prorated according to the value of each claim proved; to direct the defendant or defendants, upon conviction, to pay to the Government the costs and disbursements of the action and to pay to the Government for the use of the Director the costs of his investigation leading to the judgment; or if not recovered from the defendants, such costs are to be deducted by the Director from the total recovery before distribution to the consumers; and to direct that any money, property, or other things in the account and unclaimed by any person with such claims within one year from the creation of the account to be paid to the Government to be used by the Director for further consumer law enforcement activities. Consumers making claims against an account established pursuant to this subsection shall prove their claims to the Director in a manner and subject to procedures established by the Director for that purpose. The procedures established in each case for proving claims shall not be employed until approved by the court, which shall also establish by order the minimum means by which the Director shall notify potential claimants of the creation of the account. Restitution pursuant to a judgment in an action under this subsection shall bar, pro tanto, the recovery of any damages in any other action against the same defendant or defendants on account of the same acts or practices which were the basis for such judgment, up to the time of the judgment, by any person to whom such restitution is made. Restitution under this subsection shall not apply to transactions entered into more than five years prior to the commencement of an action by the Director. Before instituting an action under this subsection, the Director shall give the prospective defendant written notice of the possible action, and an opportunity to demonstrate in writing within five days, that no repeated, multiple, or persistent violations have occurred.
(d) Whenever the Commissioner has reason to believe that any person is using any method, act, or practice that would be in violation of any provision of this chapter, he may bring an action in the name of the Government of the United States Virgin Islands against such person to restrain, by temporary or permanent injunction, the use of such method, act or practice.
(e) To establish a cause of action under this section it need not be shown that consumers are being or were actually injured.
(f) If an action is found to be frivolous by the Court, the Court shall order costs and expenses, including reasonable attorney’s fees for time-expended, for the defense of the action. In the event of a settlement or a jury award of damages, the Court shall order costs and expenses, including reasonable attorney’s fees, for the prosecution of the action by considering the size of the settlement or award, the complexity and novelty of the class action claim, the skill and market-demand of the prosecuting attorneys, and prevailing plaintiff attorney contingency rate contracts.
(g) In addition to the penalties or fines prescribed in this chapter, the Commissioner may, for repeated offenses of this chapter, bring an action in Superior Court to revoke an individual's, partnership's, or corporation's business license. The appellate process referred to in Section 185 of this chapter is applicable hereto.