§ 75-15.2. Civil penalty. - North Carolina Statutes

§75‑15.2.  Civil penalty.

In any suit instituted by theAttorney General, in which the defendant is found to have violated G.S. 75‑1.1and the acts or practices which constituted the violation were, when committed,knowingly violative of a statute, the court may, in its discretion, impose acivil penalty against the defendant of up to five thousand dollars ($5,000) foreach violation. In any action brought by the Attorney General pursuant to thisChapter in which it is shown that an action or practice when committed wasspecifically prohibited by a court order, the Court may, in its discretion,impose a civil penalty of up to five thousand dollars ($5,000) for eachviolation. Civil penalties may be imposed in a new action or by motion in anearlier action, whether or not such earlier action has been concluded. Indetermining the amount of the civil penalty, the court shall consider allrelevant circumstances, including, but not limited to, the extent of the harmcaused by the conduct constituting a violation, the nature and persistence ofsuch conduct, the length of time over which the conduct occurred, the assets,liabilities, and net worth of the person, whether corporate or individual, andany corrective action taken by the defendant. The clear proceeds of penaltiesso assessed shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2. (1977, c. 747, s. 3; 1983, c.721, s. 1; 1998‑215, s. 99.)