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(1) It is unlawful for any person to engage in unfair methods of competition or unfair or deceptive acts or practices in the conduct of any trade or commerce directly or indirectly impacting one or more individuals in the City.
(2) This provision shall not apply to the extent that the conduct of any provider or user of interactive computer services is exempt from liability pursuant to Section 230 of the Communications Decency Act, codified as 47 U.S.C. § 230. This provision also shall not apply to any publisher of radio, television, or print medium who, in good faith and without knowledge of the falsity or deceptive character thereof, publishes, causes to be published or takes part in the publication of an advertisement for another.
(3) Each individual statement, description, or other representation or omission that constitutes an unfair method of competition or unfair or deceptive act or practice shall give rise to a distinct and independent violation of this Chapter. Violations shall be further multiplied by one of the following, whichever is greater: (a) the number of days on which an individual statement, description or other representation or omission that constitutes an unfair method of competition or unfair or deceptive act or practice is distributed, broadcast, posted, published, or otherwise exposed to the public, or (b) the number of Philadelphia consumers reached by such statement, description or other representation or omission.
(1) The Law Department and any other agency as may be designated by the Mayor shall have the authority to investigate violations of this Chapter, including through the issuance of subpoenas and testing to identify potential violations.
(2) The City, through the Law Department, may file an action in the name of the City in any court of competent jurisdiction against any person or persons alleged to have violated this Chapter, seeking relief under this Chapter, including restitution for persons aggrieved by the violation.
In any action filed pursuant to this Chapter, a court may order the following:
(1) Injunctive relief and such other equitable relief, as appropriate.
(2) Civil Penalties. Each violation of this Chapter shall be punishable by a civil penalty of two thousand dollars ($2,000).
(3) Compensatory Damages and Restitution. In any action filed by the City, a violator of this Chapter shall be liable to any person aggrieved by the violation for actual damages caused and restitution of all monies, property, or other things of value, or proceeds thereof, received directly or indirectly as a result of such violation.
(4) Attorney’s Fees and Costs. In any action filed under this Chapter in which the City prevails, the City shall be entitled to reimbursement for attorney’s fees and costs, including the cost of an investigation. In the event that such fees and costs are not recovered from a defendant, the City is entitled to deduct such amounts from the grand recovery prior to distribution to other persons aggrieved.
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