Sec. 13. (a) This section applies to a person that uses or purports to use a reasonable age verification method to grant or deny access to an adult oriented website. (b) A person to which this section applies, and any third party verification service used by a person to which this section applies, may not retain identifying information of the person seeking access to an adult oriented website, unless retention of the identifying information is required by a court order. (c) An individual whose identifying information is retained in violation of this section may bring an action against the person that unlawfully retained the individual's identifying information. An individual who prevails in an action described in this section is entitled to: (1) either: (A) actual damages; or (B) damages of up to five thousand dollars ($5,000); (2) injunctive relief; and (3) court costs, reasonable attorney's fees, and other reasonable expenses of litigation, including expert witness fees.
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