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§ 2330.9. Civil relief

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and CommerceEffective: December 27, 2010

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 73 P.S. Trade and Commerce (Refs & Annos)
Chapter 43A. Consumer Protection Against Computer Spyware Act
Effective: December 27, 2010
73 P.S. § 2330.9
§ 2330.9. Civil relief
(a) General rule.--The following persons may bring a civil action against a person who violates this act:
(1) A provider of computer software who is adversely affected by the violation.
(2) An Internet Service Provider who is adversely affected by the violation.
(3) A trademark owner whose trademark is used without the authorization of the owner to deceive users in the course of any of the deceptive practices prohibited by this section.
(b) Additional remedies.--In addition to any other remedy provided by law, a permitted person bringing an action under this section may:
(1) Seek injunctive relief to restrain the violator from continuing the violation.
(2) Recover damages in an amount equal to the greater of:
(i) Actual damages arising from the violation.
(ii) Up to $100,000 for each violation, as the court considers just.
(3) Seek both injunctive relief and recovery of damages as provided by this subsection.
(c) Increase by court.--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 with respect to a group of victims as to constitute a pattern or practice.
(d) Fees and costs.--A plaintiff who prevails in an action filed under this section is entitled to recover reasonable attorney fees and court costs.
(e) Communications provider relief.--In the case of a violation of section 4(1)(ii)1 that causes a communications provider to incur costs for the origination, transport or termination of a call triggered using the modem of a customer of the communications provider as a result of a violation, the communications provider may bring a civil action against the violator to recover any or all of the following:
(1) The charges the carrier is obligated to pay to another carrier or to an information service provider as a result of the violation, including, but not limited to, charges for the origination, transport or termination of the call.
(2) Costs of handling customer inquiries or complaints with respect to amounts billed for calls.
(3) Costs and a reasonable attorney fee.
(4) An order to enjoin the violation.
(f) Multiple violations.--For purposes of a civil action under this section, any single action or conduct that violates more than one paragraph of this act shall be considered multiple violations based on the number of such paragraphs violated.

Credits

2010, Oct. 27, P.L. 855, No. 86, § 9, effective in 60 days [Dec. 27, 2010].

Footnotes

73 P.S. § 2330.4.
73 P.S. § 2330.9, PA ST 73 P.S. § 2330.9
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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