Sec. 405. Private rights of action
271 words·~1 min read·
/bill/119/hr/8014/ih/section-405·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. 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. An individual shall have the right to appoint a nonprofit organization (as described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code) 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 privacy and information security to lodge the complaint on behalf of such individual to exercise the rights referred to in this Act on behalf of such individual.
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), independent of an individual’s appointment, has the right to lodge, in that State, a complaint with the Digital Privacy 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.