(a) Whether he seeks or is entitled to damages or has an adequate remedy at law, a consumer may bring an action to:
(1) obtain a declaratory judgment that an act or practice violates this chapter; or
(2) enjoin in accordance with the principles of equity, a merchant who has violated, is violating, or is otherwise likely to violate this chapter.
(b) Except in a class action, a consumer who suffers a loss as a result of a violation of this chapter may recover actual damages or $250, whichever is greater.
(c) Whether a consumer seeks or is entitled to recover damages or has an adequate remedy at law, he may bring a class action for declaratory judgment, an injunction, and appropriate ancillary relief, including compensatory, consequential, and punitive damages, against an act or a practice that violates this chapter.
(d) A consumer who suffers loss as a result of a violation of this chapter may bring a class action to protect the rights of Virgin Islands consumers and businesses caused by an act or practice—
(1) and is specified as violating this chapter in a rule adopted by the Director under section 103 of this title before the consumer transactions on which the action is based; or
(2) declared to violate this chapter by a final judgment of the district court that was either reported officially or made available for public dissemination by the Director, under rules promulgated by the Director, 10 days before the consumer transaction on which the action is based; or
(3) with respect to a merchant who agreed to it, was prohibited specifically by the terms of a consent judgment which became final before the consumer transactions on which the action is based.
(4) If a jury makes a finding of compensatory damages and/or consequential damages, these damages shall be trebled.
(e) If a merchant shows by a preponderance of the evidence that a violation of this chapter resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error, recovery under this section is limited to the amount, if any, by which the merchant was unjustly enriched by the violation.
(f) If any act or practice that violates this chapter unjustly enriches a merchant and the damages can be computed with reasonable certainty, damages recoverable on behalf of the consumers who cannot be located with due diligence shall escheat to the Government of the United States Virgin Islands.
(g) Except for services performed by the Director, the court may award to the prevailing party a reasonable attorney's fee limited to the work reasonably performed if:
(1) the consumer complaining of the act or practice that violates this chapter has brought or maintained an action he knew to be groundless; or a merchant has committed an act or practice that violates this chapter;
(2) an action under this section has been terminated by a judgment or required by the court to be settled under section 105 of this title.
(h) Except for consent judgments entered before testimony is taken, a final judgment in favor of the Director under section 104 of this title is admissible as prima facie evidence of the facts on which it is based in later proceedings under this section against the same person or a person in privity with him.
(i) When a judgment under this section becomes final, the prevailing party shall mail a copy to the Director, who shall maintain a file containing such judgments and other matters pertaining to the rights and liabilities of consumers, which file shall be a public record.
(j) The statute of limitations under this section is governed by Title 5 Virgin Islands Code § 31(3)(8).