Bill Text: VA HB1468 | 2024 | Regular Session | Introduced
Bill Title: Consumer Data Protection Act; enforcement by the Attorney General, civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-13 - Left in Courts of Justice [HB1468 Detail]
Download: Virginia-2024-HB1468-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §59.1-584 of the Code of Virginia is amended and reenacted as follows:
§59.1-584. Enforcement; civil penalty; expenses.
A. The Attorney General shall have exclusive authority to enforce the provisions of this chapter.
B. Prior to initiating any action under this chapter, the Attorney General shall provide a controller or processor 30 days' written notice identifying the specific provisions of this chapter the Attorney General alleges have been or are being violated. If within the 30-day period the controller or processor cures the noticed violation and provides the Attorney General an express written statement that the alleged violations have been cured and that no further violations shall occur, no action shall be initiated against the controller or processor.
C. If a controller or processor continues to violate this chapter following the cure period in subsection B or breaches an express written statement provided to the Attorney General under that subsection, the Attorney General may initiate an action in the name of the Commonwealth and may seek an injunction to restrain any violations of this chapter and civil penalties of up to $7,500 for each violation under this chapter. All civil penalties, expenses, and attorney fees collected pursuant to this chapter shall be paid into the state treasury and credited to the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund.
D. The Attorney General may recover reasonable expenses incurred in investigating and preparing the case, including attorney fees, in any action initiated under this chapter.
E. Nothing in this chapter shall be construed as providing the basis for, or be subject to, a private right of action for violations of this chapter or under any other law.
F. The Attorney General may prohibit TikTok, as defined in §2.2-5514.1, from being available for known minors in the Commonwealth. The Attorney General may seek a civil penalty of $7,500 from TikTok for each discrete violation and an additional $7,500 for each day thereafter that the violation continues. For purposes of this subsection, "discrete violation" means each time that a known minor accesses the website or application or is offered the ability to download the application. It shall be an affirmative defense that the website or application did not reasonably know or have reason to know of such operation in the Commonwealth. No user of such website or application shall be penalized under the provisions of this subsection.
