§2034.  Remedies for violation

A.  A person who is engaged in the business of providing Internet access service to the public, owns a web page, or owns a trademark that is adversely affected by a violation of R.S. 51:2033 may bring an action against a person who violates or is in violation of R.S. 51:2033.  A person who brings an action under this Subsection may seek to recover the greater of actual damages or five hundred thousand dollars.

B.  An individual who is adversely affected by a violation of R.S. 51:2033 may bring an action, but only against a person who has directly violated R.S. 51:2033.  A person who brings an action under this Subsection may seek to enjoin further violations of R.S. 51:2033 and seek to recover the greater of three times the amount of actual damages or five thousand dollars per violation.

C.  The attorney general or a district attorney in a parish where a violation occurs may bring an action against a person who violates or is in violation of R.S. 51:2033 to enjoin further violations of R.S. 51:2033 and to recover a civil penalty of up to two thousand five hundred dollars per violation.

D.  In an action pursuant to this Section, a court may, in addition, do either or both of the following:

(1)  Increase the recoverable damages to an amount up to three times the damages otherwise recoverable under Subsections A and B of this Section in cases in which the defendant has engaged in a pattern and practice of violating R.S. 51:2033.

(2)  Award costs of suit and reasonable attorney fees to a prevailing plaintiff.

E.  The remedies provided for in this Section do not preclude the seeking of any other remedies, including criminal remedies, provided by law.

F.  For purposes of Subsection A of this Section, multiple violations of R.S. 51:2033 resulting from any single action or conduct shall constitute one violation.

Acts 2006, No. 201, §1.