44-7304. Civil remedies; damages

A. In addition to any other remedies provided by law, the attorney general, or a computer software provider or a web site or trademark owner who is adversely affected by a violation of this chapter, may bring an action against a person who violates this chapter to:

1. Enjoin further violations of this chapter.

2. Recover the greater of actual damages or one hundred thousand dollars for each separate violation of this chapter.

B. A single action or conduct that violates more than one paragraph of section 44-7302, subsection A or subsection B or at least one paragraph of section 44-7302, subsection A and at least one paragraph of section 44-7302, subsection B shall be considered multiple violations. The number of violations shall be based on the number of paragraphs violated.

C. In an action brought under this section, a court may:

1. Increase the damages up to three times the damages allowed by subsection A of this section if the defendant has engaged in a pattern and practice of violating this chapter.

2. Award costs and reasonable attorney fees to the prevailing party.

44-7304. Civil remedies; damages

A. In addition to any other remedies provided by law, the attorney general, or a computer software provider or a web site or trademark owner who is adversely affected by a violation of this chapter, may bring an action against a person who violates this chapter to:

1. Enjoin further violations of this chapter.

2. Recover the greater of actual damages or one hundred thousand dollars for each separate violation of this chapter.

B. A single action or conduct that violates more than one paragraph of section 44-7302, subsection A or subsection B or at least one paragraph of section 44-7302, subsection A and at least one paragraph of section 44-7302, subsection B shall be considered multiple violations. The number of violations shall be based on the number of paragraphs violated.

C. In an action brought under this section, a court may:

1. Increase the damages up to three times the damages allowed by subsection A of this section if the defendant has engaged in a pattern and practice of violating this chapter.

2. Award costs and reasonable attorney fees to the prevailing party.