; and (bb) use amounts collected under item (aa) to fund the operation of the nationwide un­block­ing system. (D) Private right of action (i) In general A person aggrieved by a violation of the regulations prescribed under clause (i) or (ii) of subparagraph (B) may bring an action in an appropriate district court of the United States, or, if otherwise permitted by the laws or rules of court of a State, in an appropriate court of that State, to— (I) enjoin the violation; or (II) recover the greater of— (aa) actual damages; or (bb) $500 per violation. (ii) Enhanced awards If the court finds in an action brought under clause (i) that the defendant willfully or knowingly violated the regulations described in that clause, the court may increase the amount of the award to an amount equal to not more than 3 times the amount available under subclause (II) of that clause. (E) Rules of construction (i) Prevention of calls or text messages For purposes of a regulation prescribed under this paragraph, a call or text message shall be considered to be prevented even if the call or text message is recorded or redirected in a manner that allows the called party or intended recipient to— (I) be notified of the attempt to make the call or send the text message; or (II) have access to— (aa) a message left by the calling party