Sec. 17. Private right of action

189 words·~1 min read·/bill/116/s/1214/is/section-17

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any individual alleging a violation of this Act or a regulation promulgated under this Act may bring a civil action in any court of competent jurisdiction. A violation of this Act or a regulation promulgated under this Act with respect to the personal information of an individual constitutes an injury in fact to that individual. In a civil action brought under subsection

(a)in which the plaintiff prevails, the court may award— actual damages; punitive damages; reasonable attorney’s fees and costs; and any other relief, including an injunction, that the court determines appropriate. Notwithstanding any other provision of law, no pre-dispute arbitration agreement shall be valid or enforceable with respect to a dispute between a covered entity and an individual that relates to a violation of this Act or a regulation promulgated under this Act. An issue as to whether this subsection applies with respect to a dispute shall be determined by a court. The validity and enforceability of an agreement to which this subsection applies shall be determined by a court, rather than an arbitrator, irrespective of whether the agreement purports to delegate such determinations to an arbitrator.