Virginia Code 56-231.50:2: Right of action; violation of rules or regulations.
A. Any person who suffers loss as the proximate result of a violation by a cooperative or its affiliate of any rule or regulation adopted by the Commission pursuant to § 56-231.50:1 shall be entitled to initiate an action to recover actual damages or $500, whichever is greater, and to obtain injunctive relief. Any action pursuant to this section shall be commenced within two years after its accrual.
Terms Used In Virginia Code 56-231.50:2
- Affiliate: means a separate affiliated or subsidiary corporation or other separate legal entity. See Virginia Code 56-231.38
- Commission: means the State Corporation Commission of Virginia. See Virginia Code 56-231.38
- Cooperative: means a power supply cooperative formed under the former Power Supply Cooperatives Act (§ 56-231. See Virginia Code 56-231.38
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means and includes natural persons, firms, associations, cooperatives, corporations, limited liability companies, business trusts, partnerships, limited liability partnerships and bodies politic. See Virginia Code 56-231.38
- regulation: include joint rates, joint charges and joint regulations, respectively. See Virginia Code 56-1
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
B. Notwithstanding any other provision of law to the contrary, in addition to any damages awarded, such person may also be awarded reasonable attorney’s fees and court costs.
C. In any case arising under this section, no liability shall be imposed upon any cooperative or its affiliate which shows by a preponderance of the evidence that (i) the act or practice alleged to be in violation of any rule or regulation adopted by the Commission pursuant to § 56-231.50:1 was an act or practice over which the same had no control or (ii) the alleged violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid a violation. However, nothing in this section shall prevent the court from ordering restitution and payment of reasonable attorney’s fees and court costs pursuant to subsection B to any person aggrieved as a result of an unintentional violation.
1999, c. 874.