A. In any action brought under this chapter, if the court finds that a personhas willfully engaged in an act or practice in violation of § 59.1-200 or59.1-200.1, the Attorney General, the attorney for the Commonwealth, or theattorney for the county, city, or town may recover for the Literary Fund,upon petition to the court, a civil penalty of not more than $2,500 perviolation. For purposes of this section, prima facie evidence of a willfulviolation may be shown when the Attorney General, the attorney for theCommonwealth, or the attorney for the county, city, or town notifies thealleged violator by certified mail that an act or practice is a violation of§ 59.1-200 or 59.1-200.1, and the alleged violator, after receipt of saidnotice, continues to engage in the act or practice.
B. Any person who willfully violates the terms of an assurance of voluntarycompliance or an injunction issued under § 59.1-203 shall forfeit and pay tothe Literary Fund a civil penalty of not more than $5,000 per violation. Forpurposes of this section, the circuit court issuing an injunction shallretain jurisdiction, and the cause shall be continued, and in such cases theAttorney General, the attorney for the Commonwealth, or the attorney for thecounty, city, or town may petition for recovery of civil penalties.
C. In any action pursuant to subsection A or B and in addition to any otheramount awarded, the Attorney General, the attorney for the Commonwealth, orthe attorney for the county, city, or town may recover any applicable civilpenalty or penalties, costs, reasonable expenses incurred by the state orlocal agency in investigating and preparing the case not to exceed $1,000 perviolation, and attorney's fees. Such civil penalty or penalties, costs,reasonable expenses, and attorney's fees shall be paid into the general fundof the Commonwealth or of the county, city, or town which such attorneyrepresented.
D. Nothing in this section shall be construed as limiting the power of thecourt to punish as contempt the violation of any order issued by the court,or as limiting the power of the court to enter other orders under § 59.1-203or 59.1-205.
E. The right of trial by jury as provided by law shall be preserved inactions brought under this section.
(1977, c. 635; 1980, c. 171; 1982, c. 13; 1991, c. 156; 1995, c. 703; 2008,c. 485.)
A. In any action brought under this chapter, if the court finds that a personhas willfully engaged in an act or practice in violation of § 59.1-200 or59.1-200.1, the Attorney General, the attorney for the Commonwealth, or theattorney for the county, city, or town may recover for the Literary Fund,upon petition to the court, a civil penalty of not more than $2,500 perviolation. For purposes of this section, prima facie evidence of a willfulviolation may be shown when the Attorney General, the attorney for theCommonwealth, or the attorney for the county, city, or town notifies thealleged violator by certified mail that an act or practice is a violation of§ 59.1-200 or 59.1-200.1, and the alleged violator, after receipt of saidnotice, continues to engage in the act or practice.
B. Any person who willfully violates the terms of an assurance of voluntarycompliance or an injunction issued under § 59.1-203 shall forfeit and pay tothe Literary Fund a civil penalty of not more than $5,000 per violation. Forpurposes of this section, the circuit court issuing an injunction shallretain jurisdiction, and the cause shall be continued, and in such cases theAttorney General, the attorney for the Commonwealth, or the attorney for thecounty, city, or town may petition for recovery of civil penalties.
C. In any action pursuant to subsection A or B and in addition to any otheramount awarded, the Attorney General, the attorney for the Commonwealth, orthe attorney for the county, city, or town may recover any applicable civilpenalty or penalties, costs, reasonable expenses incurred by the state orlocal agency in investigating and preparing the case not to exceed $1,000 perviolation, and attorney's fees. Such civil penalty or penalties, costs,reasonable expenses, and attorney's fees shall be paid into the general fundof the Commonwealth or of the county, city, or town which such attorneyrepresented.
D. Nothing in this section shall be construed as limiting the power of thecourt to punish as contempt the violation of any order issued by the court,or as limiting the power of the court to enter other orders under § 59.1-203or 59.1-205.
E. The right of trial by jury as provided by law shall be preserved inactions brought under this section.
(1977, c. 635; 1980, c. 171; 1982, c. 13; 1991, c. 156; 1995, c. 703; 2008,c. 485.)
A. In any action brought under this chapter, if the court finds that a personhas willfully engaged in an act or practice in violation of § 59.1-200 or59.1-200.1, the Attorney General, the attorney for the Commonwealth, or theattorney for the county, city, or town may recover for the Literary Fund,upon petition to the court, a civil penalty of not more than $2,500 perviolation. For purposes of this section, prima facie evidence of a willfulviolation may be shown when the Attorney General, the attorney for theCommonwealth, or the attorney for the county, city, or town notifies thealleged violator by certified mail that an act or practice is a violation of§ 59.1-200 or 59.1-200.1, and the alleged violator, after receipt of saidnotice, continues to engage in the act or practice.
B. Any person who willfully violates the terms of an assurance of voluntarycompliance or an injunction issued under § 59.1-203 shall forfeit and pay tothe Literary Fund a civil penalty of not more than $5,000 per violation. Forpurposes of this section, the circuit court issuing an injunction shallretain jurisdiction, and the cause shall be continued, and in such cases theAttorney General, the attorney for the Commonwealth, or the attorney for thecounty, city, or town may petition for recovery of civil penalties.
C. In any action pursuant to subsection A or B and in addition to any otheramount awarded, the Attorney General, the attorney for the Commonwealth, orthe attorney for the county, city, or town may recover any applicable civilpenalty or penalties, costs, reasonable expenses incurred by the state orlocal agency in investigating and preparing the case not to exceed $1,000 perviolation, and attorney's fees. Such civil penalty or penalties, costs,reasonable expenses, and attorney's fees shall be paid into the general fundof the Commonwealth or of the county, city, or town which such attorneyrepresented.
D. Nothing in this section shall be construed as limiting the power of thecourt to punish as contempt the violation of any order issued by the court,or as limiting the power of the court to enter other orders under § 59.1-203or 59.1-205.
E. The right of trial by jury as provided by law shall be preserved inactions brought under this section.
(1977, c. 635; 1980, c. 171; 1982, c. 13; 1991, c. 156; 1995, c. 703; 2008,c. 485.)
