(a) An individual may bring a civil action to enjoin any violation of this article and to recover actual damages incurred by him or her as a result of the violation.

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Terms Used In West Virginia Code 1-7-4

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Donor: The person who makes a gift.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10

(b) If the plaintiff prevails in a civil action pursuant to this section, he or she is entitled to be reimbursed by the state or public agency for actual costs and such reasonable attorney’s fees he or she has incurred in the litigation.

(c) If the judge or jury in a civil action brought pursuant to this section finds that a public agency intentionally disclosed donor or membership information in violation of this article, the amount of the judgment, which for this purpose includes actual damages, costs, and attorney’s fees, may be trebled as exemplary damages.