W. Va. Code R. § 142-5-4 - Remedies
4.1. In the event
of a violation of this Rule by a merchant or other person subject to its
provisions, the Attorney General may bring a civil action to restrain any such
violation, including an application for temporary relief pending final
determination of the proceedings, and for other appropriate relief, including
restitution for affected consumers and the costs and expenses incurred in the
investigation and prosecution of such action to the extent permitted by
statute.
4.2. In addition to an
application for injunctive remedies and other appropriate relief, as aforesaid,
the Attorney General may also bring a civil action to recover a civil penalty
for the willful violation of this Rule and if the court finds that a person has
engaged in a course of willful and repeated violations of this Rule or any
other applicable provision of W. Va. Code '46A-1-1, it may assess a civil
penalty of no more than five thousand ($5,000) dollars for each such violation
to the extent permitted by statute.
Notes
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