Sentences with phrase «statutory damages of»

Potential class members, including employees and prospective employees, may be entitled to statutory damages of up to $ 1,000 for each violation in the case of will non-compliance.

«In addition to actual damages suffered for a breach of CASL's anti-spam and anti-malware provisions, courts will be able to award applicants statutory damages of $ 200 for each contravention of CASL up to $ 1 million for each day on which a contravention occurred.

For example, the court can award statutory damages of $ 200 per day for each breach of section 6 (the CEM obligations), not exceeding $ 1 million for each day on which a breach occurred.

Given that the potential remedies under the private right of action include statutory damages of $ 200 per day for each CASL breach, and given the lack of clarity about how CASL's broad and sometimes unclear provisions apply in practice, many organizations have been concerned about the potential for litigation (including class actions) arising as of July 1, 2017.

The government should repeal provisions of the Copyright Act that allow labels to unfairly punish fans who share music for non-commercial purposes with statutory damages of $ 500 to $ 20,000 per song.

For example, ordinary copyright infringement can incur statutory damages of $ 750 to $ 30,000 per work.

At statutory damages of $ 500 to $ 1,500 per violation, defendants sued for TCPA violations often face exposure in excess of $ 1 billion.

If the class could not demonstrate that it had suffered measurable damages (and the manufacturer pointed out that Marlboros and Marlboro Lights were always the same price), then statutory damages of $ 25 would be appropriate.

The debt collector may just be liable to you for statutory damages of up to $ 1,000, plus any actual damages suffered, plus attorney fees.

Violations of this Section provide for statutory damages of up to $ 4,000 and reasonable legal fees.

The FDCPA prohibits abusive or coercive behavior in pursuit of a debt and awards consumers statutory damages of $ 1,000 for each violation of its code of conduct.

Not exact matches

The plaintiffs «generally... assert a variety of common law and statutory claims seeking monetary damages, injunctive relief, and other related relief.»

Statutory damages range in the US from $ 750 to $ 30,000 per work infringed unless there's a finding of willfulness.

(B) at the election of the customer at any time before final judgment is rendered, statutory damages in a sum of not more than $ 5,000, as the court considers just.

The AG, Maura Healey, is asking for statutory damages under Massachusetts consumer and data security law on behalf of every state resident whose private information was exposed when hackers broke into Equifax's systems — regardless of wheth

If the Saxo Bank Group at any time and for any reason, should become liable for the loss of any person and / or entity, including without limitation, if any provision of this disclaimer is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, the liability of the Saxo Bank Group shall be limited to such person's and / or entity's duly documented direct loss, which for the avoidance of doubt, and without limitation, shall not include damages for any incidental and consequential losses, damages for lost opportunity, damages for lost profit, statutory damages, nominal damages, punitive damages, restitutionary or disgorgement damages, damages for costs, including legal costs, and damages for any other indirect loss.

In his order, Judge Donato wrote: «Facebook seems to believe... statutory damages could amount to billions of dollars.»

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

As a general point, the statutory time limit for bringing a claim for damages for personal injuries is three years from the date of the incident.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «Act»), regardless of whether our content is protected by the Act or has been timely and / or properly registered under the Act, and regardless of whether you are located in the United States.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «act»), regardless of whether our content is protected by the act or has been timely and / or properly registered under the act, and regardless of whether you are located in the United States.

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

Plaintiffs are seeking injunctive relief as well as restitution of their registration fees, compensatory, statutory and punitive damages.

This consent order involves violations by the foreign air carrier Emirates of Articles 17 and 19 of the Montreal Convention1 and the statutory prohibition against unfair and deceptive trade practices, 49 U.S.C. § 41712, in connection with monetary claims resulting from damage, loss, or delay to baggage checked on Emirates» flights to or from the United States.

However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

The Copyright Office says (emphasis mine), «If registration is made within three months after publication of the work * or prior to an infringement of the work *, statutory damages and attorney's fees will be available to the copyright owner in court actions.

If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and... [Read more...]

In the US, registering that copyright simply provides a few statutory rights when it comes to claiming damages — and it should only cost you $ 35 to apply for it online (as of March 2018).

In a release, representatives said Re: Create will focus on «engaging and informing lawmakers» on the importance of things like fair use, safe harbors, curbing statutory damages, and the need to counter «abusive» copyright enforcement practices.

«Violations of the ATR requirements can lead to affirmative claims against creditors and defensive claims against assignees for potentially significant monetary damages consisting of actual damages, $ 4,000 in statutory damages, a refund of finance charges paid at closing, and three years of interest actually paid and attorneys» fees.

If a debt collector violates the Fair Debt Collection Practices Act in any way, you might be entitled to recover actual damages and / or statutory damages up to $ 1,000, as well as court costs and attorney fees, and — most important of all — make them stop calling you.

It basically states that if a collection company breaks this law, then the consumer would be entitled to a statutory award of up to $ 1000 dollars plus legal fees and damages!

Evidence such as collection letters, loan / lease agreements, documents which authorize automatic payments, credit reports, dispute letters, voicemail messages, and / or any other files related to consumer situations are all very ripe for violations of consumer laws that provide these «statutory damages» to consumers.

Though the German courts recently ruled not to enforce the US court's decision (on the grounds that it considered the minimum statutory damages awarded to be excessive and punitive), Bossland ended sales for almost all of its hacks at the end of last year; as of today, the only ones remaining are for non-Blizzard games, specifically Final Fantasy XIV and Path of Exile, though according to the group's latest newsletter, there's a PUBG one tucked on the forums too.

Koch Media is liable according to the statutory provisions for damage / loss sustained by a user and caused deliberately or through the gross negligence of Koch Media or its vicarious agents.

In the USA, if you have infringement of a copyright without a notice, you are merely limited to actual damages, rather than having the option of trying for statutory damages.

Brite had sued in a Texas county court, a court of limited jurisdiction that lacks authority to hear cases with a value in excess of $ 100,000, excluding interest, statutory or punitive damages and attorney fees, as alleged on the face of the petition.

Whether there will be some limit to statutory damage enforcement will be an interesting element of the Facebook case — though the defendant hasn't anywhere near the resources to pay the full amount anyway, apparently.

The interesting aspect of the Facebook case is that the damages were statutory, i.e. calculated according to a formula in the statute (CAN - SPAM Act) rather than according to any demonstrated loss to Facebook.

There are statutory time limits to filing a civil claim for damages, and we recommend that you engage the services of a competent quadriplegia accident lawyer as soon as is reasonably possible after the accident.

The Court of Appeal held that the statutory deductible amendment was intended to have retrospective application based on a contextual analysis of related provisions of the Insurance Act and the reasoning that «since the jury awards damages in today's dollars, the quantum of the deductible should similarly be calculated in today's dollars».

In a July 5 opinion, the Wisconsin Court of Appeals, District 1 (Milwaukee County), found the statutory $ 750,000 cap on noneconomic damages arising out of medical malpractice claims was unconstitutional.

Therefore, the Defendant's offer to settle of $ 40,000 exceeded the Plaintiff's damages recovery after reductions for collateral benefits and taking into consideration the statutory deductible ($ 22,136.60).

In this case, the issue was whether the non-pecuniary damages award of $ 50,000 should be reduced by the statutory deductible in force at the time of the accident ($ 30,000), or the statutory deductible in force at the time of judgment ($ 36,540).

The purpose of section 36 of the Competition Act is to create a statutory cause of action entitling a victim to recover damages caused by conduct that is a criminal offence under the Act.

With the strength of insurance companies and statutory damages caps, medical malpractice cases tend to favor defendants.

On August 1, 2015, the Court Proceedings Regulation was amended to change the statutory deductible for non-pecuniary damages from $ 30,000 to $ 36,540 (and adjusted for inflation on January 1st of each year).

The Court also held that the plaintiffs» recovery, even if sustained, would be limited to $ 20,000 by virtue of the application of the statutory cap on damage awards arising out of charitable activities under G.L. c. 231, § 85K.

Our litigation and trial lawyers are experienced with the common and statutory laws involving the prospective liability of manufacturers, distributors, and sellers of products to purchasers, users, and bystanders for personal injury and property damage caused by alleged defects in those products.

The states that are not a party to the list above do not have statutory damage caps in place as of 2016.