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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