                                 CODE OF VIRGINIA

CIVIL PENALTIES; ATTORNEY FEES (§ 59.1-206)

A. In any action brought under this chapter, if the court finds that a person
has willfully engaged in an act or practice in violation of &#xA7; 59.1-200 or
59.1-200.1, the Attorney General, the attorney for the Commonwealth, or the
attorney for the county, city, or town may recover for the Literary Fund, upon
petition to the court, a civil penalty of not more than $2,500 per violation. If
the court finds that a person has willfully committed a second or subsequent
violation of subdivision A 69, 70, 71, 72, 73, or 74 of &#xA7; 59.1-200, the
Attorney General, the attorney for the Commonwealth, or the attorney for the
county, city, or town may recover for the Literary Fund, upon petition to the
court, a civil penalty of not more than $5,000 per violation.

B. For purposes of this section, prima facie evidence of a willful violation may
be shown when the Attorney General, the attorney for the Commonwealth, or the
attorney for the county, city, or town notifies the alleged violator by
certified mail that an act or practice is a violation of &#xA7; 59.1-200 or
59.1-200.1, and the alleged violator, after receipt of said notice, continues to
engage in the act or practice.

C. Any person who willfully violates the terms of an assurance of voluntary
compliance or an injunction issued under &#xA7; 59.1-203 shall forfeit and pay
to the Literary Fund a civil penalty of not more than $5,000 per violation. For
purposes of this section, the circuit court issuing an injunction shall retain
jurisdiction, and the cause shall be continued, and in such cases the Attorney
General, the attorney for the Commonwealth, or the attorney for the county,
city, or town may petition for recovery of civil penalties.

D. In any action pursuant to subsection A, B, or C and in addition to any other
amount awarded, the Attorney General, the attorney for the Commonwealth, or the
attorney for the county, city, or town may recover any applicable civil penalty
or penalties, costs, reasonable expenses incurred by the state or local agency
in investigating and preparing the case not to exceed $1,000 per violation, and
attorney&#8217;s fees. Such civil penalty or penalties, costs, reasonable
expenses, and attorney&#8217;s fees shall be paid into the general fund of the
Commonwealth or of the county, city, or town which such attorney represented.

E. Nothing in this section shall be construed as limiting the power of the court
to punish as contempt the violation of any order issued by the court, or as
limiting the power of the court to enter other orders under &#xA7; 59.1-203 or
59.1-205.

F. The right of trial by jury as provided by law shall be preserved in actions
brought under this section.

HISTORY: 1977, c. 635; 1980, c. 171; 1982, c. 13; 1991, c. 156; 1995, c. 703;
2008, c. 485; 2023, cc. 744, 794.