56-231.34:2 - Right of action; violation of rules or regulations - Virginia Statutes

§ 56-231.34:2. Right of action; violation of rules or regulations.

A. Any person who suffers loss as the proximate result of a violation by acooperative or its affiliate of any rule or regulation adopted by theCommission pursuant to § 56-231.34:1 shall be entitled to initiate an actionto recover actual damages or $500, whichever is greater, and to obtaininjunctive relief. Any action pursuant to this section shall be commencedwithin two years after its accrual.

B. Notwithstanding any other provision of law to the contrary, in addition toany damages awarded, such person may also be awarded reasonable attorney'sfees and court costs.

C. In any case arising under this section, no liability shall be imposed uponany cooperative or its affiliate which shows by a preponderance of theevidence that (i) the act or practice alleged to be in violation of any ruleor regulation adopted by the Commission pursuant to § 56-231.34:1 was an actor practice over which the same had no control or (ii) the alleged violationresulted from a bona fide error notwithstanding the maintenance of proceduresreasonably adopted to avoid a violation. However, nothing in this sectionshall prevent the court from ordering restitution and payment of reasonableattorney's fees and court costs pursuant to subsection B to any personaggrieved as a result of an unintentional violation.

(1999, c. 874.)