2A:156A-32 - Civil action - New-jersey Statutes

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2A:156A-32.    Civil action
26.    Civil action.

a.     Except as provided in subsection d. of section 23 of P.L.1993, c.29 (C.2A:156A-29), any service provider, subscriber or customer aggrieved by any violation of sections 21, 22, 23, or 24 of P.L.1993, c.29 (C.2A:156A-27, C.2A:156A-28, C.2A:156A-29 or C.2A:156A-30) may recover, in a civil action, such relief as may be appropriate from the person or entity which knowingly or purposefully engaged in the conduct constituting the violation.

b.     In a civil action under this section, appropriate relief may include:

(1)    such preliminary and other equitable or declaratory relief as may be appropriate;

(2)    damages under subsection c. of this section; and

(3)    reasonable attorney's fees and other litigation costs reasonably incurred.

c.     The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of $1,000.

d.     A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.

L.1993,c.29,s.26.

State Codes and Statutes

Statutes > New-jersey > Title-2a > Section-2a-156a > 2a-156a-32

2A:156A-32.    Civil action
26.    Civil action.

a.     Except as provided in subsection d. of section 23 of P.L.1993, c.29 (C.2A:156A-29), any service provider, subscriber or customer aggrieved by any violation of sections 21, 22, 23, or 24 of P.L.1993, c.29 (C.2A:156A-27, C.2A:156A-28, C.2A:156A-29 or C.2A:156A-30) may recover, in a civil action, such relief as may be appropriate from the person or entity which knowingly or purposefully engaged in the conduct constituting the violation.

b.     In a civil action under this section, appropriate relief may include:

(1)    such preliminary and other equitable or declaratory relief as may be appropriate;

(2)    damages under subsection c. of this section; and

(3)    reasonable attorney's fees and other litigation costs reasonably incurred.

c.     The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of $1,000.

d.     A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.

L.1993,c.29,s.26.

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State Codes and Statutes

Statutes > New-jersey > Title-2a > Section-2a-156a > 2a-156a-32

2A:156A-32.    Civil action
26.    Civil action.

a.     Except as provided in subsection d. of section 23 of P.L.1993, c.29 (C.2A:156A-29), any service provider, subscriber or customer aggrieved by any violation of sections 21, 22, 23, or 24 of P.L.1993, c.29 (C.2A:156A-27, C.2A:156A-28, C.2A:156A-29 or C.2A:156A-30) may recover, in a civil action, such relief as may be appropriate from the person or entity which knowingly or purposefully engaged in the conduct constituting the violation.

b.     In a civil action under this section, appropriate relief may include:

(1)    such preliminary and other equitable or declaratory relief as may be appropriate;

(2)    damages under subsection c. of this section; and

(3)    reasonable attorney's fees and other litigation costs reasonably incurred.

c.     The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of $1,000.

d.     A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.

L.1993,c.29,s.26.