RS 51:2024     

§2024.  Civil relief

A.  The following persons may bring a civil action against a person who violates this Chapter:

(1)  A person engaged in the business of providing Internet access service to the public who is adversely affected by the violation.

(2)  An owner of a Web page or trademark who is adversely affected by the violation.

(3)  The attorney general.

B.  A person bringing an action under this Section may either:

(1)  Seek injunctive relief to restrain the violator from continuing the violation.

(2)  Recover damages in an amount equal to the greater of:

(a)  Actual damages arising from the violation.

(b)  One hundred thousand dollars for each violation of the same nature or both.

(3)  Seek both injunctive relief and recover damages as provided by this Subsection.

C.  The court may increase an award of actual damages in an action brought under this Section to an amount not to exceed three times the actual damages sustained if the court finds that the violations have occurred with a frequency as to constitute a pattern or practice.

D.  A plaintiff who prevails in an action filed under this Section is entitled to recover reasonable attorney fees and court costs.

E.  For purposes of this Section, violations are of the same nature if the violations consist of the same course of conduct or action, regardless of the number of times the conduct or act occurred.

Acts 2006, No. 549, §1, eff. Sept. 1, 2006.