§92F-27  Civil actions and remedies. 
(a)  An individual may bring a civil action against an agency in a circuit
court of the State whenever an agency fails to comply with any provision of
this part, and after appropriate administrative remedies under sections 92F-23,
92F-24, and 92F-25 have been exhausted.



(b)  In any action brought under this section
the court may order the agency to correct or amend the complainant's personal
record, to require any other agency action, or to enjoin such agency from improper
actions as the court may deem necessary and appropriate to render substantial
relief.



(c)  In any action brought under this section
in which the court determines that the agency knowingly or intentionally
violated a provision of this part, the agency shall be liable to the
complainant in an amount equal to the sum of:



(1)  Actual damages sustained by the complainant as a
result of the failure of the agency to properly maintain the personal record,
but in no case shall a complainant (individual) entitled to recovery receive
less than the sum of $1,000; and



(2)  The costs of the action together with reasonable
attorney's fees as determined by the court.



(d)  The court may assess reasonable attorney's
fees and other litigation costs reasonably incurred against the agency in any
case in which the complainant has substantially prevailed, and against the
complainant where the charges brought against the agency were frivolous.



(e)  An action may be brought in the circuit
court where the complainant resides, the complainant's principal place of
business is situated, or the complainant's relevant personal record is
situated.  No action shall be brought later than two years after notification
of the agency denial, or where applicable, the date of receipt of the final
determination of the office of information practices. [L 1988, c 262, pt of §1;
am L 1989, c 192, §8]



 



Cross References



 



  Vexatious litigants, see chapter 634J.