paragraph (1), the proper agency may conduct such other investigations considered appropriate to ensure compliance with the minimum nonvisual access standard set forth by the Access Board. (d) Enforcement action If the proper agency determines that a manufacturer has manufactured or offered for sale a covered device that does not comply with the minimum nonvisual access standard applicable to such covered device, the proper agency shall determine and levy a penalty pursuant to subsection (e). (e) Civil penalty The proper agency, if it is determined that a violation has occurred, may assess a civil monetary penalty against such manufacturer in an amount not to exceed 10 percent of the retail value of the covered device involved for each noncompliant unit of such covered device manufactured. 6. Private right of action (a) In general A blind consumer who has an encounter with a covered device that does not comply with a minimum nonvisual access standard applicable to such covered device may, after notifying the proper agency of such encounter, commence a civil action against the manufacturer of such covered device not later than 180 days after such encounter. (b) Relief If the court in a civil action commenced under subsection (a) of this section determines that the covered device involved is in violation of the minimum nonvisual access standard, the court may grant the following relief: (1) Monetary damages in an amount equal to the greater of $10,000 per violation per unit of such covered device. (2) Such equitable relief as the court considers appropriate, including temporary, preliminary, and permanent injunctive relief. (3) Reasonable attorneys’ fees. (4) In the case of willful or repeated violations by the manufacturer, punitive damages. 7. Rule of construction Nothing in this Act shall be construed to limit the rights of blind consumers under any other applicable law. 8. Definitions In this Act, the following definitions apply: (1) Access Board The term Access Board has the meaning given such term in section