Section 8. Investigation, enforcement and reporting.
(a) Right of action.--
(1) The Bureau of Consumer Protection in the Office of
Attorney General shall investigate any complaints received
concerning violations of this act. If, after investigating
any complaint, the Attorney General finds that there has been
a violation of this act, the Attorney General may bring an
action to impose a civil penalty and to seek other relief,
including injunctive relief, under the act of December 17,
1968 (P.L.1224, No.387), known as the Unfair Trade Practices
and Consumer Protection Law.
(2) The Attorney General shall remit 10% of any civil
penalty collected under this section to the person filing the
complaint leading to the civil penalty. In no event, however,
shall the amount of this remittance exceed $100 for any
person.
(3) Any Internet access provider, electronic mail
service provider or wireless telecommunication company
aggrieved by a violation of this act shall have the right to
initiate an action to enjoin such violation and to recover
damages in the amount of no less than $1 or more than $10 per
violation. For the purpose of this section, each unsolicited
commercial electronic mail, facsimile or wireless
advertisement received constitutes a separate violation.
(i) For willful violations of this act the court
may, in its discretion, increase the amount of the award
to an amount not exceeding $1,500,000.
(ii) Notwithstanding any other provision of the law
to the contrary, in addition to any damages awarded, such
person may be awarded reasonable attorney fees and court
costs.
(b) Annual report to General Assembly.--On or before November 30 of each year, the Attorney General shall submit to the General Assembly a report detailing investigations and enforcement actions taken under this act during the preceding fiscal year. The report shall include, but not be limited to:
(1) The number of complaints received under this
section.
(2) The nature of those complaints.
(3) The number of investigations and enforcement actions
instituted by the Attorney General.
(4) A summary of the results of those investigations.
(5) Enforcement and the amount of any civil penalties
collected.
(c) Investigative powers.--Prior to the institution of a civil action, the Attorney General may require the attendance and testimony of witnesses and the production of documents. For this purpose, the Attorney General may issue subpoenas, examine witnesses and receive evidence. If a person objects to or otherwise fails to comply with a subpoena or request for testimony, the Attorney General may file in Commonwealth Court an action to enforce the subpoena or request. Notice of hearing the action and a copy of all pleadings shall be served upon the person who may appear in opposition.
(d) Confidentiality to be maintained.--Any testimony taken or material produced under this act shall be kept confidential by the Attorney General except to the extent the Attorney General may use information in a judicial proceeding or if the disclosure is authorized by the court for good cause shown or confidentiality is waived by the person being investigated and by the person who has testified, answered interrogatories or produced materials.