Sec. 5. (1) Regardless of any criminal prosecution for the violation, a person that violates this act may be liable in a civil action for damages to a customer under subsection (2). (2) A customer described in subsection (1) who suffers actual damages as a result of a violation of this act may bring a civil action against the person that violated this act and may recover both of the following: (a) The customer's actual damages, including damages for emotional distress. (b) Reasonable costs and attorney fees. (3) No liability may result from the lawful disclosure of a record or information that is permitted under section 3.