Civil penalties; attorney fees

A. In addition to the penalties and liabilities set forth in §§ 55.1-1009.1 and 55.1-1015 , in any action brought under this chapter, if a court finds that a person has willfully engaged in an act or practice in violation of this chapter, the Attorney General may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $5,000 per violation. For purposes of this section, prima facie evidence of a willful violation may be shown when the Attorney General notifies the alleged violator by certified mail that an act or practice is a violation of this chapter and the alleged violator, after receipt of the notice, continues to engage in the act or practice. B. The Attorney General recovering a civil penalty under subsection A, or the appropriate licensing authority or the Commission instituting an enforcement action under § 55.1-1015 , may recover costs and reasonable expenses incurred by it in investigating and preparing the case and attorney fees. 2020, c. 700 .