A. 8149 2
(A) WHO OPERATES OR PROVIDES A WEBSITE ON THE INTERNET, ONLINE
SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE;
AND
(B) WHO:
(I) COLLECTS OR MAINTAINS, EITHER DIRECTLY OR THROUGH ANOTHER PERSON,
PERSONAL DATA FROM OR ABOUT THE USERS OF SUCH WEBSITE, SERVICE, APPLICA-
TION, OR CONNECTED DEVICE;
(II) INTEGRATES WITH ANOTHER WEBSITE, SERVICE, APPLICATION, OR
CONNECTED DEVICE AND DIRECTLY COLLECTS PERSONAL DATA FROM THE USERS OF
SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED DEVICE;
(III) ALLOWS ANOTHER PERSON TO COLLECT PERSONAL DATA DIRECTLY FROM
USERS OF SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED DEVICE; OR
(IV) ALLOWS USERS OF SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED
DEVICE TO PUBLICLY DISCLOSE PERSONAL DATA.
4. "PERSONAL DATA" SHALL MEAN ANY DATA THAT IDENTIFIES OR COULD
REASONABLY BE LINKED, DIRECTLY OR INDIRECTLY, WITH A SPECIFIC NATURAL
PERSON OR DEVICE.
5. "PROCESS" OR "PROCESSING" SHALL MEAN AN OPERATION OR SET OF OPER-
ATIONS PERFORMED ON PERSONAL DATA, INCLUDING BUT NOT LIMITED TO THE
COLLECTION, USE, ACCESS, SHARING, SALE, MONETIZATION, ANALYSIS,
RETENTION, CREATION, GENERATION, DERIVATION, RECORDING, ORGANIZATION,
STRUCTURING, STORAGE, DISCLOSURE, TRANSMISSION, DISPOSAL, LICENSING,
DESTRUCTION, DELETION, MODIFICATION, OR DEIDENTIFICATION OF PERSONAL
DATA.
6. "PRIMARILY DIRECTED TO MINORS" SHALL MEAN A WEBSITE, ONLINE
SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE, OR
A PORTION THEREOF, THAT IS TARGETED TO MINORS. A WEBSITE, ONLINE
SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE, OR
PORTION THEREOF, SHALL NOT BE DEEMED DIRECTED PRIMARILY TO MINORS SOLELY
BECAUSE SUCH WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLI-
CATION, OR CONNECTED DEVICE, OR PORTION THEREOF REFERS OR LINKS TO ANY
OTHER WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,
OR CONNECTED DEVICE DIRECTED TO MINORS BY USING INFORMATION LOCATION
TOOLS, INCLUDING A DIRECTORY, INDEX, REFERENCE, POINTER, OR HYPERTEXT
LINK. A WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,
OR CONNECTED DEVICE, OR PORTION THEREOF, SHALL BE DEEMED DIRECTED TO
MINORS WHEN IT HAS ACTUAL KNOWLEDGE THAT IT IS COLLECTING PERSONAL DATA
OF USERS DIRECTLY FROM USERS OF ANOTHER WEBSITE, ONLINE SERVICE, ONLINE
APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE PRIMARILY DIRECTED
TO MINORS.
7. "SELL" SHALL MEAN TO SHARE PERSONAL DATA FOR MONETARY OR OTHER
VALUABLE CONSIDERATION. "SELLING" SHALL NOT INCLUDE THE SHARING OF
PERSONAL DATA FOR MONETARY OR OTHER VALUABLE CONSIDERATION TO ANOTHER
PERSON AS AN ASSET THAT IS PART OF A MERGER, ACQUISITION, BANKRUPTCY, OR
OTHER TRANSACTION IN WHICH THAT PERSON ASSUMES CONTROL OF ALL OR PART OF
THE OPERATOR'S ASSETS.
8. "THIRD PARTY" SHALL MEAN ANY PERSON WHO IS NOT ANY OF THE FOLLOW-
ING:
(A) THE OPERATOR WITH WHOM THE USER INTENTIONALLY INTERACTS AND WHO
COLLECTS PERSONAL DATA FROM THE USER AS PART OF THE USER'S CURRENT
INTERACTION WITH THE OPERATOR;
(B) THE USER WHOSE PERSONAL DATA THE OPERATOR PROCESSES; OR
(C) THE PARENT OR LEGAL GUARDIAN OF A USER UNDER THIRTEEN YEARS OLD
WHOSE PERSONAL DATA THE OPERATOR PROCESSES.
§ 899-FF. PRIVACY PROTECTION BY DEFAULT. 1. EXCEPT AS PROVIDED FOR IN
SUBDIVISION SIX OF THIS SECTION AND SECTION EIGHT HUNDRED NINETY-NINE-JJ
A. 8149 3
OF THIS ARTICLE, AN OPERATOR SHALL NOT PROCESS, OR ALLOW A THIRD PARTY
TO PROCESS, THE PERSONAL DATA OF A COVERED USER COLLECTED THROUGH THE
USE OF A WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICA-
TION, OR CONNECTED DEVICE UNLESS AND TO THE EXTENT:
(A) THE COVERED USER IS TWELVE YEARS OF AGE OR YOUNGER AND PROCESSING
IS PERMITTED UNDER 15 U.S.C. § 6502 AND ITS IMPLEMENTING REGULATIONS; OR
(B) THE COVERED USER IS THIRTEEN YEARS OF AGE OR OLDER AND PROCESSING
IS STRICTLY NECESSARY FOR AN ACTIVITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION, OR INFORMED CONSENT HAS BEEN OBTAINED AS SET FORTH IN
SUBDIVISION THREE OF THIS SECTION.
2. FOR THE PURPOSES OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION, THE PROCESSING OF PERSONAL DATA OF A COVERED USER IS PERMISSI-
BLE WHERE IT IS STRICTLY NECESSARY FOR THE FOLLOWING ACTIVITIES:
(A) PROVIDING OR MAINTAINING A SPECIFIC PRODUCT OR SERVICE REQUESTED
BY THE COVERED USER;
(B) CONDUCTING THE OPERATOR'S INTERNAL BUSINESS OPERATIONS. FOR
PURPOSES OF THIS PARAGRAPH, SUCH INTERNAL BUSINESS OPERATIONS SHALL NOT
INCLUDE ANY ACTIVITIES RELATED TO MARKETING, ADVERTISING, OR PROVIDING
PRODUCTS OR SERVICES TO THIRD PARTIES, OR PROMPTING COVERED USERS TO USE
THE WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR
CONNECTED DEVICE WHEN IT IS NOT IN USE;
(C) IDENTIFYING AND REPAIRING TECHNICAL ERRORS THAT IMPAIR EXISTING OR
INTENDED FUNCTIONALITY;
(D) PROTECTING AGAINST MALICIOUS, FRAUDULENT, OR ILLEGAL ACTIVITY;
(E) INVESTIGATING, ESTABLISHING, EXERCISING, PREPARING FOR, OR DEFEND-
ING LEGAL CLAIMS;
(F) COMPLYING WITH FEDERAL, STATE, OR LOCAL LAWS, RULES, OR REGU-
LATIONS;
(G) COMPLYING WITH A CIVIL, CRIMINAL, OR REGULATORY INQUIRY, INVESTI-
GATION, SUBPOENA, OR SUMMONS BY FEDERAL, STATE, LOCAL, OR OTHER GOVERN-
MENTAL AUTHORITIES;
(H) DETECTING, RESPONDING TO, OR PREVENTING SECURITY INCIDENTS OR
THREATS; OR
(I) PROTECTING THE VITAL INTERESTS OF A NATURAL PERSON.
3. (A) FOR THE PURPOSES OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION, TO PROCESS PERSONAL DATA OF A COVERED USER WHERE SUCH PROCESS-
ING IS NOT STRICTLY NECESSARY UNDER SUBDIVISION TWO OF THIS SECTION,
INFORMED CONSENT MUST BE OBTAINED FROM THE COVERED USER EITHER THROUGH A
DEVICE COMMUNICATION OR SIGNAL PURSUANT TO THE PROVISIONS OF SUBDIVISION
TWO OF SECTION EIGHT HUNDRED NINETY-NINE-II OF THIS ARTICLE OR THROUGH A
REQUEST. REQUESTS FOR SUCH INFORMED CONSENT SHALL:
(I) BE MADE SEPARATELY FROM ANY OTHER TRANSACTION OR PART OF A TRANS-
ACTION;
(II) BE MADE IN THE ABSENCE OF ANY MECHANISM THAT HAS THE PURPOSE OR
SUBSTANTIAL EFFECT OF OBSCURING, SUBVERTING, OR IMPAIRING A COVERED
USER'S DECISION-MAKING REGARDING AUTHORIZATION FOR THE PROCESSING;
(III) IF REQUESTING INFORMED CONSENT FOR MULTIPLE TYPES OF PROCESSING,
ALLOW THE COVERED USER TO PROVIDE OR WITHHOLD CONSENT SEPARATELY FOR
EACH TYPE OF PROCESSING;
(IV) CLEARLY AND CONSPICUOUSLY STATE THAT THE PROCESSING IS OPTIONAL,
AND THAT THE COVERED USER MAY DECLINE WITHOUT PREVENTING CONTINUED USE
OF THE WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,
OR CONNECTED DEVICE; AND
(V) CLEARLY PRESENT AN OPTION TO REFUSE TO PROVIDE CONSENT AS THE MOST
PROMINENT OPTION.
A. 8149 4
(B) SUCH INFORMED CONSENT, ONCE GIVEN, SHALL BE FREELY REVOCABLE AT
ANY TIME, AND SHALL BE AT LEAST AS EASY TO REVOKE AS IT WAS TO PROVIDE.
(C) IF A COVERED USER DECLINES TO PROVIDE OR REVOKES INFORMED CONSENT
FOR PROCESSING, ANOTHER REQUEST MAY NOT BE MADE FOR SUCH PROCESSING FOR
THE FOLLOWING CALENDAR YEAR.
(D) IF A COVERED USER'S DEVICE COMMUNICATES OR SIGNALS THAT THE
COVERED USER DECLINES TO PROVIDE INFORMED CONSENT FOR PROCESSING PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED NINE-
TY-NINE-II OF THIS ARTICLE, AN OPERATOR SHALL NOT REQUEST INFORMED
CONSENT FOR SUCH PROCESSING.
4. EXCEPT WHERE PROCESSING IS STRICTLY NECESSARY TO PROVIDE A PRODUCT,
SERVICE, OR FEATURE, AN OPERATOR MAY NOT WITHHOLD, DEGRADE, LOWER THE
QUALITY, OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE, OR FEATURE TO A
COVERED USER DUE TO THE OPERATOR NOT OBTAINING VERIFIABLE PARENTAL
CONSENT UNDER 15 U.S.C. § 6502 AND ITS IMPLEMENTING REGULATIONS OR
INFORMED CONSENT UNDER SUBDIVISION THREE OF THIS SECTION.
5. EXCEPT AS PROVIDED FOR IN SECTION EIGHT HUNDRED NINETY-NINE-JJ OF
THIS ARTICLE, AN OPERATOR SHALL NOT PURCHASE OR SELL, OR ALLOW A THIRD
PARTY TO PURCHASE OR SELL, THE PERSONAL DATA OF A COVERED USER.
6. WITHIN FOURTEEN DAYS OF DETERMINING THAT A USER IS A COVERED USER,
AN OPERATOR SHALL:
(A) DISPOSE OF, DESTROY, OR DELETE ALL PERSONAL DATA OF SUCH COVERED
USER THAT IT MAINTAINS, UNLESS PROCESSING SUCH PERSONAL DATA IS PERMIT-
TED UNDER 15 U.S.C. § 6502 AND ITS IMPLEMENTING REGULATIONS, IS STRICTLY
NECESSARY FOR AN ACTIVITY LISTED IN SUBDIVISION TWO OF THIS SECTION, OR
INFORMED CONSENT IS OBTAINED AS SET FORTH IN SUBDIVISION THREE OF THIS
SECTION; AND
(B) NOTIFY ANY THIRD PARTIES TO WHOM IT DISCLOSED THE PERSONAL DATA,
AND ANY THIRD PARTIES IT ALLOWED TO PROCESS THE PERSONAL DATA, THAT THE
USER IS A COVERED USER.
§ 899-GG. THIRD PARTIES. 1. EXCEPT AS PROVIDED FOR IN SECTION EIGHT
HUNDRED NINETY-NINE-JJ OF THIS ARTICLE, NO OPERATOR SHALL DISCLOSE THE
PERSONAL DATA OF A COVERED USER TO A THIRD PARTY, OR ALLOW THE PROCESS-
ING OF THE PERSONAL DATA OF A COVERED USER BY A THIRD PARTY, WITHOUT A
WRITTEN, BINDING AGREEMENT GOVERNING SUCH DISCLOSURE OR PROCESSING. SUCH
AGREEMENT SHALL CLEARLY SET FORTH INSTRUCTIONS FOR THE NATURE AND
PURPOSE OF THE THIRD-PARTY'S PROCESSING OF THE PERSONAL DATA,
INSTRUCTIONS FOR USING OR FURTHER DISCLOSING THE PERSONAL DATA, AND THE
RIGHTS AND OBLIGATIONS OF BOTH PARTIES.
2. EXCEPT AS PROVIDED FOR IN SECTION EIGHT HUNDRED NINETY-NINE-JJ OF
THIS ARTICLE, PRIOR TO DISCLOSING PERSONAL DATA TO A THIRD PARTY, THE
OPERATOR SHALL INFORM THE THIRD PARTY IF SUCH DATA IS THE PERSONAL DATA
OF A COVERED USER.
3. AN AGREEMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL
REQUIRE THAT THE THIRD PARTY:
(A) PROCESS THE PERSONAL DATA OF COVERED USERS ONLY WHEN AND TO THE
EXTENT STRICTLY NECESSARY FOR AN ACTIVITY LISTED PURSUANT TO SUBDIVISION
TWO OF SECTION EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE, OR WHERE
INFORMED CONSENT WAS OBTAINED PURSUANT TO SUBDIVISION THREE OF SECTION
EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE;
(B) DELETE OR RETURN TO THE OPERATOR ALL PERSONAL DATA OF COVERED
USERS AT THE END OF ITS PROVISION OF SERVICES, UNLESS RETENTION OF THE
PERSONAL DATA IS REQUIRED BY LAW;
(C) UPON REASONABLE REQUEST OF THE OPERATOR, MAKE AVAILABLE TO THE
OPERATOR ALL DATA IN ITS POSSESSION NECESSARY TO DEMONSTRATE THE THIRD-
PARTY'S COMPLIANCE WITH THE OBLIGATIONS IN THIS SECTION;
A. 8149 5
(D) ALLOW, AND COOPERATE WITH, REASONABLE ASSESSMENTS BY THE OPERATOR
OR THE OPERATOR'S DESIGNATED ASSESSOR FOR PURPOSES OF EVALUATING COMPLI-
ANCE WITH THE OBLIGATIONS OF THIS ARTICLE. ALTERNATIVELY, THE THIRD
PARTY MAY ARRANGE FOR A QUALIFIED AND INDEPENDENT ASSESSOR TO CONDUCT AN
ASSESSMENT OF THE THIRD-PARTY'S POLICIES AND TECHNICAL AND ORGANIZA-
TIONAL MEASURES IN SUPPORT OF THE OBLIGATIONS UNDER THIS ARTICLE USING
AN APPROPRIATE AND ACCEPTED CONTROL STANDARD OR FRAMEWORK AND ASSESSMENT
PROCEDURE FOR SUCH ASSESSMENTS. THE THIRD PARTY SHALL PROVIDE A REPORT
OF SUCH ASSESSMENT TO THE OPERATOR UPON REQUEST; AND
(E) NOTIFY THE OPERATOR A REASONABLE TIME IN ADVANCE BEFORE DISCLOSING
OR TRANSFERRING THE PERSONAL DATA OF COVERED USERS TO ANY FURTHER THIRD
PARTIES, WHICH MAY BE IN THE FORM OF A REGULARLY UPDATED LIST OF FURTHER
THIRD PARTIES THAT MAY ACCESS PERSONAL DATA OF COVERED USERS.
§ 899-HH. ONGOING SAFEGUARDS. UPON LEARNING THAT A USER IS NO LONGER A
COVERED USER, AN OPERATOR MAY NOT PROCESS THE PERSONAL DATA OF SUCH
PERSON IN A MANNER NOT PREVIOUSLY PERMITTED UNLESS AND UNTIL IT RECEIVES
INFORMED CONSENT PURSUANT TO SUBDIVISION THREE OF SECTION EIGHT HUNDRED
NINETY-NINE-FF OF THIS ARTICLE.
§ 899-II. RESPECTING USER-PROVIDED AGE FLAGS. 1. FOR THE PURPOSES OF
THIS ARTICLE, AN OPERATOR SHALL TREAT A USER AS A COVERED USER IF THE
USER'S DEVICE COMMUNICATES OR SIGNALS THAT THE USER IS OR SHALL BE
TREATED AS A MINOR, INCLUDING THROUGH A BROWSER PLUG-IN OR PRIVACY
SETTING, DEVICE SETTING, OR OTHER MECHANISM.
2. FOR THE PURPOSES OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED
NINETY-NINE-FF OF THIS ARTICLE, AN OPERATOR SHALL ADHERE TO ANY CLEAR
AND UNAMBIGUOUS COMMUNICATIONS OR SIGNALS FROM A COVERED USER'S DEVICE,
INCLUDING THROUGH A BROWSER PLUG-IN OR PRIVACY SETTING, DEVICE SETTING,
OR OTHER MECHANISM, CONCERNING PROCESSING THAT THE COVERED USER CONSENTS
TO OR DECLINES TO CONSENT TO. AN OPERATOR SHALL NOT ADHERE TO UNCLEAR OR
AMBIGUOUS COMMUNICATIONS OR SIGNALS FROM A COVERED USER'S DEVICE, AND
SHALL INSTEAD REQUEST INFORMED CONSENT PURSUANT TO THE PROVISIONS OF
PARAGRAPH A OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED NINETY-NINE-FF
OF THIS ARTICLE.
§ 899-JJ. PROTECTIONS FOR THIRD-PARTY OPERATORS. SECTIONS EIGHT
HUNDRED NINETY-NINE-FF AND EIGHT HUNDRED NINETY-NINE-GG OF THIS ARTICLE
SHALL NOT APPLY TO AN OPERATOR PROCESSING THE PERSONAL DATA OF A COVERED
USER OF ANOTHER WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE
APPLICATION, OR CONNECTED DEVICE, OR PORTION THEREOF, WHERE THE OPERATOR
RECEIVED REASONABLE WRITTEN REPRESENTATIONS THAT THE COVERED USER
PROVIDED INFORMED CONSENT FOR SUCH PROCESSING, OR:
1. THE OPERATOR DOES NOT HAVE ACTUAL KNOWLEDGE THAT THE COVERED USER
IS A MINOR; AND
2. THE OPERATOR DOES NOT HAVE ACTUAL KNOWLEDGE THAT THE OTHER WEBSITE,
ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED
DEVICE, OR PORTION THEREOF, IS PRIMARILY DIRECTED TO MINORS.
§ 899-KK. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE
SUCH RULES AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE AND ENFORCE
THE PROVISIONS OF THIS ARTICLE.
§ 899-LL. SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT OCCURS IN
WHOLE OR IN PART IN THE STATE OF NEW YORK. FOR PURPOSES OF THIS ARTICLE,
COMMERCIAL CONDUCT TAKES PLACE WHOLLY OUTSIDE OF THE STATE OF NEW YORK
IF THE BUSINESS COLLECTED SUCH INFORMATION WHILE THE COVERED USER WAS
OUTSIDE OF THE STATE OF NEW YORK, NO PART OF THE USE OF THE COVERED
USER'S PERSONAL DATA OCCURRED IN THE STATE OF NEW YORK, AND NO PERSONAL
DATA COLLECTED WHILE THE COVERED USER WAS IN THE STATE OF NEW YORK IS
USED.
A. 8149 6
2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT AN OPERATOR
FROM STORING A COVERED USER'S PERSONAL DATA THAT WAS COLLECTED PURSUANT
TO SECTION EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE WHEN SUCH
COVERED USER IS IN THE STATE.
3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY FOR
COMMERCIAL ACTIVITIES OR ACTIONS BY OPERATORS SUBJECT TO 15 U.S.C. 6501
THAT IS INCONSISTENT WITH THE TREATMENT OF SUCH ACTIVITIES OR ACTIONS
UNDER 15 U.S.C. 6502.
§ 899-MM. REMEDIES. 1. WHENEVER IT APPEARS TO THE ATTORNEY GENERAL,
EITHER UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON, WITHIN OR OUTSIDE
THE STATE, HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY OF THE ACTS OR
PRACTICES STATED TO BE UNLAWFUL IN THIS ARTICLE, THE ATTORNEY GENERAL
MAY BRING AN ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF
THE PEOPLE OF THE STATE OF NEW YORK TO ENJOIN ANY VIOLATION OF THIS
ARTICLE, TO OBTAIN RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED
DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT OF
ANY PROFITS OR GAINS OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH
VIOLATION, INCLUDING BUT NOT LIMITED TO THE DESTRUCTION OF UNLAWFULLY
OBTAINED DATA AND ALGORITHMS TRAINED ON SUCH DATA, TO OBTAIN DAMAGES
CAUSED DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN CIVIL
PENALTIES OF UP TO FIVE THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN
ANY SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUD-
ING PRELIMINARY RELIEF.
2. ANY COVERED USER WHO HAS BEEN INJURED BY A VIOLATION OF SECTION
EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE, OR THE PARENT OR LEGAL
GUARDIAN OF A COVERED MINOR WHO HAS BEEN INJURED BY A VIOLATION OF
SECTION EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE, MAY BRING AN
ACTION TO OBTAIN:
(A) DAMAGES OF UP TO FIVE THOUSAND DOLLARS PER COVERED USER PER INCI-
DENT OR ACTUAL DAMAGES, WHICHEVER IS GREATER;
(B) INJUNCTIVE OR DECLARATORY RELIEF; AND/OR
(C) ANY OTHER RELIEF THE COURT DEEMS PROPER.
3. ACTIONS PURSUANT TO THIS SECTION MAY BE BROUGHT ON A CLASS-WIDE
BASIS.
4. THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING
PLAINTIFF.
5. PRIOR TO BRINGING ANY ACTION FOR VIOLATIONS OF THIS ARTICLE PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION, A COVERED USER SHALL PROVIDE THE
OPERATOR THIRTY DAYS' WRITTEN NOTICE IDENTIFYING THE SPECIFIC PROVISIONS
OF THIS ARTICLE THE COVERED USER ALLEGES HAVE BEEN OR ARE BEING
VIOLATED. IN THE EVENT A CURE IS POSSIBLE, IF WITHIN THE THIRTY DAYS THE
OPERATOR ACTUALLY CURES THE NOTICED VIOLATION AND PROVIDES THE COVERED
USER AN EXPRESS WRITTEN STATEMENT THAT THE VIOLATIONS HAVE BEEN CURED
AND THAT NO FURTHER VIOLATIONS SHALL OCCUR, NO ACTION FOR INDIVIDUAL
STATUTORY DAMAGES OR CLASS-WIDE STATUTORY DAMAGES MAY BE INITIATED
AGAINST THE OPERATOR. NO NOTICE SHALL BE REQUIRED PRIOR TO AN INDIVIDUAL
CONSUMER INITIATING AN ACTION SOLELY FOR ACTUAL PECUNIARY DAMAGES
SUFFERED AS A RESULT OF THE ALLEGED VIOLATIONS OF THIS TITLE. IF A BUSI-
NESS CONTINUES TO VIOLATE THIS ARTICLE IN BREACH OF THE EXPRESS WRITTEN
STATEMENT PROVIDED TO THE COVERED USER UNDER THIS SECTION, THE COVERED
USER MAY INITIATE AN ACTION AGAINST THE BUSINESS TO ENFORCE THE WRITTEN
STATEMENT AND MAY PURSUE STATUTORY DAMAGES FOR EACH BREACH OF THE
EXPRESS WRITTEN STATEMENT, AS WELL AS ANY OTHER VIOLATION OF THE ARTICLE
THAT POSTDATES SUCH WRITTEN STATEMENT.
§ 2. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
A. 8149 7
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.