(b) Except as provided by subsection (c) of this section, the Attorney General shall have exclusive authority to bring action. No civil penalty may be assessed in an action unless the court finds that the defendant has engaged in a course of repeated and willful violations of this article. No civil penalty shall exceed one hundred fifty thousand dollars per breach of security of the system or series of breaches of a similar nature that are discovered in a single investigation.
(c) A violation of this article by a licensed financial institution shall be enforceable exclusively by the financial institution's primary functional regulator.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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