(a) Any merchant whose likeness was used by the third-party delivery service, or who appears on a third-party delivery service’s marketplace, in violation of this chapter, may bring an action in the superior court of the county in which the merchant or third-party delivery service is found, or in the superior court of the county as is otherwise provided by law, to recover actual damages or five thousand dollars ($5,000), whichever is greater. The court may, in its discretion, and where the conduct involves reckless or callous indifference to statutorily protected rights, award punitive damages and other equitable relief it deems appropriate.
(b) Any third-party delivery service who or that violates this chapter shall pay to the state a civil penalty of not more than one thousand dollars ($1,000) per violation. Each day a violation occurs shall count as a separate violation.