A. The following persons may bring a civil action against a person who violates the Anti-Phishing Act:
1. A person engaged in the business of providing Internet access service to the public who is adversely affected by the violation; or
2. An owner of a web page or trademark who is adversely affected by the violation.
B. A person bringing an action under this Act may:
1. Seek injunctive relief to restrain the violator from continuing the violation;
2. Recover damages in an amount equal to the greater of:
a.actual damages arising from the violation, or
b.One Hundred Thousand Dollars ($100,000.00) for each violation of the same nature; or
3. Seek both injunctive relief and recover damages as provided for in this subsection.
C. The court may increase an award of actual damages in an action brought under this section to an amount not to exceed three times the actual damages sustained if the court finds that the violations have occurred with a frequency as to constitute a pattern or practice.
D. A plaintiff who prevails in an action filed under this section is entitled to recover reasonable attorney fees and court costs.
E. For purposes of this section, violations are of the same nature if the violations consist of the same course of conduct or action, regardless of the number of times the conduct or act occurred.
F. All acts and practices declared to be unlawful under this Act shall, in addition, be violations of the Oklahoma Consumer Protection Act.
Added by Laws 2006, c. 56, § 6, eff. Nov. 1, 2006.
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