(1) A business, including the owner of a website or the owner of a trademark, that is adversely affected by a violation of 30-14-1712 (1) may bring an action to recover the greater of actual damages or $500,000.
(2) An individual who is adversely affected by a violation of 30-14-1712 (1) may bring an action against an individual or a business that has directly violated 30-14-1712 (1) for the greater of three times actual damages or $5,000 for each violation.