12.6 Government Enforcement

• Library: Virginia Business Torts (Virginia CLE) (2019 Ed.)

12.6 GOVERNMENT ENFORCEMENT

12.601 Actions for Injunctive Relief and Civil Penalties. Any political subdivision of the state, or the AG on behalf of any political subdivision, may bring an action or proceeding for injunctive relief and civil penalties for a violation of the Act. ⁹⁹ If the AG brings the action on behalf of a political subdivision, that entity must be given the opportunity to opt out of the action. ¹⁰⁰ No criminal penalties exist for substantive violations of the Act. A court may assess a civil penalty for the benefit of the Commonwealth in an amount not more than $100,000 for each willful or flagrant violation of the Act. ¹⁰¹ Civil penalties are not available in connection with violations for which a fine or penalty is imposed under federal law. ¹⁰²

12.602 Actions for Actual Damages; Treble Damages. The Commonwealth or any political subdivision or agency "injured in its business or property" by reason of a violation of the Act may bring an action for actual damages. ¹⁰³ The AG may also bring the action as long as the political subdivision or agency has been given an opportunity to opt out. ¹⁰⁴ Where the violation is "willful or flagrant," a court "may" increase damages "to an amount not in excess of three times the actual damages sustained." ¹⁰⁵ This is a...