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Current as of January 01, 2024 | Updated by Findlaw Staff
a. Subject, where appropriate, to the “New Jersey Tort Claims Act” (N.J.S. 59:1-1 et seq.), any person, State or local agency or other governmental or public entity which discloses personally identifiable information in violation of this act, or otherwise engages in negligent, willful or reckless conduct in violation of this act, shall be liable to the aggrieved subscriber for:
(1) Actual damages, but not less than liquidated damages computed at a rate of $100.00 per day for each day of violation or a total of $1,000.00 for all violations, whichever is greater;
(2) Such punitive damages as the court may allow; and
(3) Attorney's fees and other litigation costs reasonably and actually incurred.
b. In determining the amount of punitive damages, if any, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the nature and seriousness of any intangible harm suffered by the subscriber, the frequency and persistence of failures of compliance by the defendant, the resources of the defendant, the number of persons adversely affected, and the extent to which the failure of the defendant to comply was intentional.
Cite this article: FindLaw.com - New Jersey Statutes Title 48. Public Utilities 48 § 5A-63 - last updated January 01, 2024 | https://codes.findlaw.com/nj/title-48-public-utilities/nj-st-sect-48-5a-63/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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