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Senate Bill 1005 Printer's Number 1169

PENNSYLVANIA, September 17 - reason to believe that any person is violating or is about to

violate section 3, 3.1 or 4 and that proceedings would be in the

public interest, the Attorney General or a district attorney may

bring an action in the name of the Commonwealth against the

person to restrain by temporary or permanent injunction

violations of section 3, 3.1 or 4.

Section 8. Civil penalties.

* * *

(b) Willful violations of act.--In any action brought under

section 5, if the court finds that a person is willfully using

or has willfully used a method, act or practice declared

unlawful by section 3, 3.1 or 4, the Attorney General or the

appropriate district attorney, acting in the name of the

Commonwealth, may recover, on behalf of the Commonwealth, a

civil penalty not exceeding $200 per violation, which civil

penalty shall be in addition to other relief which may be

granted under sections 5 and 6.

Section 9. Private actions.

(a) Amount of damages.--Any person who suffers any

ascertainable loss of money or property, as a result of the use

or employment by any person of a method, act or practice

declared unlawful by section 3, 3.1 or 4 may bring a private

action to recover actual damages or $100, whichever is greater.

The court may, in its discretion, award up to three times the

actual damages sustained, but not less than $100, and may

provide additional relief as it deems necessary or proper. The

court shall award reasonable attorney's fees to a person who

prevails in an action brought pursuant to this subsection.

(b) Injunction prima facie evidence of violation.--Any

permanent injunction, judgment or order of the court made under

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