                                 CODE OF VIRGINIA

INDIVIDUAL ACTION FOR DAMAGES (§ 59.1-515)

A. Any natural person who is aggrieved by a violation of this chapter shall be
entitled to initiate an action against any responsible person to enjoin such
violation and to recover from any responsible person damages in the amount of
$500 for a first violation, $1,000 for a second violation, and $5,000 for each
subsequent violation.

B. If the court finds a willful violation, the court may, in its discretion,
increase the amount of any damages awarded for a first or second violation under
subsection A to an amount not exceeding $5,000.

C. Notwithstanding any other provision of law to the contrary, in addition to
any damages awarded, such person may be awarded under subsection A or B
reasonable attorney fees and court costs.

D. An action for damages, attorney fees, and costs brought under this section
may be filed in an appropriate general district court or small claims court
against any responsible person so long as the amount claimed does not exceed the
jurisdictional limits set forth in &#xA7; 16.1-77 or 16.1-122.2, as applicable.
Any action brought under this section that includes a request for an injunction
shall be filed in an appropriate circuit court.

HISTORY: 2001, cc. 528, 553; 2019, cc. 256, 264; 2020, cc. 263, 607.