                                 CODE OF VIRGINIA

ENFORCEMENT; CIVIL PENALTY; EXPENSES (§ 59.1-584)

A. The Attorney General shall have exclusive authority to enforce the provisions
of this chapter.

B. Prior to initiating any action under this chapter, the Attorney General shall
provide a controller or processor 30 days&#8217; written notice identifying the
specific provisions of this chapter the Attorney General alleges have been or
are being violated. If within the 30-day period the controller or processor
cures the noticed violation and provides the Attorney General an express written
statement that the alleged violations have been cured and that no further
violations shall occur, no action shall be initiated against the controller or
processor.

C. If a controller or processor continues to violate this chapter following the
cure period in subsection B or breaches an express written statement provided to
the Attorney General under that subsection, the Attorney General may initiate an
action in the name of the Commonwealth and may seek an injunction to restrain
any violations of this chapter and civil penalties of up to $7,500 for each
violation under this chapter. All civil penalties, expenses, and attorney fees
collected pursuant to this chapter shall be paid into the state treasury and
credited to the Regulatory, Consumer Advocacy, Litigation, and Enforcement
Revolving Trust Fund.

D. The Attorney General may recover reasonable expenses incurred in
investigating and preparing the case, including attorney fees, in any action
initiated under this chapter.

E. Nothing in this chapter shall be construed as providing the basis for, or be
subject to, a private right of action for violations of this chapter or under
any other law.

HISTORY: 2021, Sp. Sess. I, cc. 35, 36; 2022, cc. 451, 452.