Violations

(a)A person who violates this Act is guilty of a third degree felony, and is subject to a fine not to exceed Five Thousand Dollars ($5,000), or imprisonment not to exceed five

(5)years, or both.

(b)The following persons may bring a civil action against a person who violates this Act: COL 3/18/2024 CH. 46 FORGERY, FRAUDULENT PRACTICES AND TELEPHONE RECORDS

(1)an internet service provider who is adversely affected by the violation;

(2)an owner of a webpage, computer server, or a trademark that is used without authorization in the violation; or

(3)the Attorney General.

(c)Except as provided by paragraph 3, a person permitted to bring a civil action may obtain either actual damages for a violation of this Act, or a civil penalty not to exceed One Hundred Fifty Thousand Dollars ($150,000) per violation of this Act.