(2)__The Attorney General or a state agency receiving the complaint fails to initiate an administrative action or a civil enforcement action, as appropriate, against the telemarketer named in the complaint before the 121st day after the date the complaint is filed.

If the consumer brings an action based on a violation of section 14756 and the court finds that the defendant willfully or knowingly violated section 14756, the court may award damages in an amount not to exceed $500 for each violation.

B.__Notwithstanding this subsection or subsection 2 or 3, a consumer may bring a private right of action based on a violation of section 14752, 14753 or 14754:

(1)__To enjoin the violation; or

(2)__For damages in an amount equal to the person's actual monetary loss from the violation or $500 for each violation, whichever is greater.

If the court finds that the defendant willfully or knowingly violated section 14752, 14753 or 14754, the court may increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (2).

5.__Venue.__Venue for an action based on a violation of this subchapter is in the county where the telemarketing call was made or received or, if brought by the Attorney General or a state agency, in Kennebec County.

6.__Determination of penalties.__The amount of a civil or administrative penalty imposed under this section must be based on:

A.__The seriousness of the violation, including the nature, circumstances, extent and gravity of the violation;

B.__The history of previous violations;

C.__The amount necessary to deter a future violation;

D.__Efforts to correct the violation; and