(a) The Department may bring:
(1) An action to obtain a declaratory judgment that an act or practice violates this chapter.
(2) An action to enjoin any person who has violated, is violating, or is otherwise likely to violate, this chapter.
(3) An action on behalf of one or more consumers for the actual damages caused by an act or practice in violation of this chapter. However, damages are not recoverable under this chapter against a retailer who has in good faith engaged in the dissemination of claims of a manufacturer or wholesaler without actual knowledge that it violated this chapter.
(4) A motion in the Superior Court to appoint a receiver; or
(5) Any other action provided by law.
(b) The Department may petition the Superior Court to impose a civil penalty in a sum not to exceed $50,000 against any person found by the court to have engaged in any method, act or practice declared unlawful under this chapter. If the court finds the method, act or practice to have been entered into with the intent to defraud, the court may impose a civil penalty in a sum not to exceed $50,000 per violation.
(c) A civil penalty imposed under subsection (b) must be paid to the Department of Finance who shall deposit the money in the Treasury of the Government of the Virgin Islands in a special fund designated the Consumer Protection Fund, established in title 33, chapter 111, section 3100o.
(d) If the Court finds a person to have engaged in any method, act, or practice declared unlawful under this chapter, and the violation was committed against a person 65 years of age or older, the court may impose an additional civil penalty not to exceed $10,000 for each violation.
(e) A civil penalty imposed under subsection (d) must be paid to the Department of Finance. The Department shall deposit the money in the Treasury of the Government of the Virgin Islands in a special fund designated the Elderly Victim Fund established in title 33, chapter 111, section 3100n.
(f) The Court shall consider the following in determining whether to impose a civil penalty under subsection (d):
(1) Whether the defendant's conduct was in willful disregard of the right of the person 65 years of age or older;
(2) Whether the defendant knew or should have known that the defendant's conduct was directed to a person 65 years of age or older;
(3) Whether the person 65 years of age or older was substantially more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability, than other persons; and
(4) Any other factors the court considers appropriate.
(g) Any other actions as provided by law.