12.7 Private Right of Action

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

12.7 PRIVATE RIGHT OF ACTION

12.701 Action for Injunctive Relief and Damages. The Act allows for a private right of action by a person injured or threatened with injury to the person's business or property by a violation of the Act. ¹¹¹ Under such circumstances, the plaintiff may sue for injunctive relief under the same injunctive relief principles that apply in other cases. ¹¹² Persons injured in their business or property by a violation of the Act may also bring an action to recover actual damages. ¹¹³

12.702 Action for Actual Damages; Costs of Suit; Attorney Fees; Treble Damages. A plaintiff injured in his or her business or property who has brought a private action for actual damages may recover the costs of suit, including reasonable attorney fees. ¹¹⁴ Treble damages "may" be available where the violation is "willful or flagrant." ¹¹⁵ As noted above, this is a departure from federal laws that provide for mandatory treble damages. ¹¹⁶

Costs of suit and attorney fees do not appear to be available in private actions brought for injunctive relief. ¹¹⁷

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12.703 Forum and Venue. The proper forum for such actions is the circuit courts of the...