Sec. 407. Private rights of action
267 words·~1 min read·
/bill/116/hr/4978/ih/section-407·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A person who is aggrieved by a violation of this Act may bring a civil action for declaratory or injunctive relief in any court of competent jurisdiction in any State or in an appropriate district court. Except for claims under rule 23 of the Federal Rules of Civil Procedure or a similar judicial procedure authorizing an action to be brought by 1 or more representatives, a person who is aggrieved by a violation of this Act may bring a civil action for damages in any court of competent jurisdiction in any State or in an appropriate district court.
An individual shall have the right to appoint a nonprofit body, organization, or association which has been properly constituted in accordance with the law, has statutory objectives which are in the public interest, and is active in the field of the protection of individual rights and freedoms with regard to the protection of their personal data to lodge the complaint on his or her behalf, to exercise the rights referred to in this Act on his or her behalf. A nonprofit may represent a class of aggrieved individuals.
A prevailing nonprofit shall receive reasonable compensation for expenses, including attorneys fees. Individuals shall receive an equally divided share of the total damages. A State may provide that any body, organization or association referred to in subsection (c), independently of an individual’s appointment, has the right to lodge, in that State, a complaint with the Agency and to exercise the rights referred to in this Act if it considers that the rights of an individual under this Act have been infringed.