Private Right of Action Sample Clauses
Private Right of Action. (a) A debt management services provider who fails to comply with any of the provisions of this chapter is liable under this section in an individual action for the sum of (i) actual, incidental, and consequential damages sustained by the debtor as a result of the failure; and (ii) statutory damages of up to $1,000.
(b) A debt management services provider who fails to comply with any of the provisions of this chapter is liable to the named plaintiffs under this section in a class action for the amount that each named plaintiff could recover under paragraph (a), clause (i), and to the other class members for such amount as the court may allow.
(c) In determining the amount of statutory damages, the court shall consider, among other relevant factors:
(1) the frequency, nature, and persistence of noncompliance;
(2) the extent to which the noncompliance was intentional; and
(3) in the case of a class action, the number of debtors adversely affected.
(d) A plaintiff or class successful in a legal or equitable action under this section is entitled to the costs of the action, plus reasonable attorney fees.
Private Right of Action. Nothing contained herein is intended to confer, or shall be interpreted as conferring, a private right of action for enforcement or damages.
Private Right of Action. (a) A debt settlement services provider who fails to comply with any of the provisions of this chapter, or a lead generator who violates section 332B.11, is liable under this section in an individual action for the sum of:
(1) actual, incidental, and consequential damages sustained by the debtor as a result of the failure; and
(2) statutory damages of up to $5,000.
(b) A debt settlement services provider who fails to comply with any of the provisions of this chapter, or a lead generator who violates section 332B.11, is liable to the named plaintiffs under this section in a class action for the amount that each named plaintiff could recover under paragraph (a), clause (1), and to the other class members for such amount as the court may allow.
(c) In determining the amount of statutory damages, the court shall consider, among other relevant factors:
(1) the frequency, nature, and persistence of noncompliance;
(2) the extent to which the noncompliance was intentional; and
(3) in the case of a class action, the number of debtors adversely affected.
(d) A plaintiff or class successful in a legal or equitable action under this section is entitled to the costs of the action, plus reasonable attorney fees.
Private Right of Action. In addition to the options available to the City to enforce this Agreement, the Existing Tenants shall have a private right of action against the Developer, but not against the City, to enforce the Replacement Unit requirements set forth in Article 4 of this Agreement, with attorneys’ fees and costs awarded to the prevailing party in any court action.
Private Right of Action. Any Covered Employee, or any person who was formerly employed by a Beneficiary, may bring an action to enforce the provisions of this Chapter to recover back pay and benefits, attorneys fees and costs, by filing suit against a Beneficiary in any court of competent jurisdiction.
Private Right of Action. This Agreement does not create nor confer any right or benefit that is substantive or procedural, enforceable by any third party against the Signatory Parties, the United States, or other officers, employees, agents, or associated personnel thereof. The following programs are authorized under Titles IV and V of the Xxxxxxxx Act. The Xxxxxxxx Act and its implementing regulations authorize FEMA to advance or loan to a state, tribal government, local government, or applicant the portion of PA for which the state or tribal government is responsible pursuant to the cost-sharing provisions of the Xxxxxxxx Act. --DRAFT-- The Xxxxxxxx Act authorizes FEMA to make community disaster loans to help local governments that have incurred significant revenue losses due to a presidentially declared major disaster if necessary for a local government to perform its governmental functions The FMAG is available to State, Tribal, and local governments for the mitigation, management, and control of fires on publicly or privately owned lands.
Private Right of Action. 1. For the purposes of this Article, the term "private right of action" means the right of a person to seek redress, including injunctive, monetary or other remedies, through a court or other independent tribunal for harm to that person's business or property caused by a violation of a Party's competition law, either independently or following a finding of violation by the Party's competition authority or authorities.
2. Recognising that a private right of action is an important supplement to the public enforcement of a Party's competition law, each Party shall adopt or maintain laws or other measures that provide independent private right of action.
Private Right of Action. This Agreement does not create nor confer any right or benefit that is substantive or procedural, enforceable by any third party against the Signatory Parties, the United States, or other officers, employees, agents, or associated personnel thereof. This Appendix may be amended in accordance with Stipulation IV.A, Amendments.
Private Right of Action. This Agreement does not create or confer any right or benefit that 1081 is substantive or procedural, enforceable by any third party against the Signatory Parties, 1082 the United States, or other officers, employees, agents, or associated personnel thereof. 1083 1131 1132 1133 1134 1135 1136 1137 1138 Appendix A – FEMA Program Summaries Appendix B – Programmatic Allowances Appendix C –Treatment Measures Appendix D – Annual Report Template 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 This Appendix may be amended in accordance with Stipulation IV.A., Amendments.
Private Right of Action. The Committee shall not be responsible for inspecting any construction to ensure compliance with the approved plans, but any Owner, including the Declarant, shall have the right to bring legal action to enjoin any noncompliance or violation as set forth in paragraph 9.5 above.