2018 District of Columbia Code
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Chapter 38 - Consumer Protections.
Subchapter II - Consumer Security Breach Notification.
§ 28–3853. Enforcement.
(a) Any District of Columbia resident injured by a violation of this subchapter may institute a civil action to recover actual damages, the costs of the action, and reasonable attorney’s fees. Actual damages shall not include dignitary damages, including pain and suffering.
(b) The Attorney General may petition the Superior Court of the District of Columbia for temporary or permanent injunctive relief and for an award of restitution for property lost or damages suffered by District of Columbia residents as a consequence of the violation of this subchapter. In an action under this subsection, the Attorney General may recover a civil penalty not to exceed $100 for each violation, the costs of the action, and reasonable attorney’s fees. Each failure to provide a District of Columbia resident with notification in accordance with this section shall constitute a separate violation.
(c) The rights and remedies available under this section are cumulative to each other and to any other rights and remedies available under law.
(Mar. 8, 2007, D.C. Law 16-237, § 2(c), 54 DCR 393.)
