; and (ii) in the case of the statement required under paragraph (3)(A), a description of the content on which the dissemination of the advertisement is based. (B) Safe harbor for determining clear and conspicuous manner For purposes of subparagraph (A), a statement shall be considered to be made in a clear and conspicuous manner if the statement is displayed onscreen above the qualified political advertisement in the format in which the advertisement appears. (5) Availability of private right of action (A) Right to file action An aggrieved person alleging a violation of this subsection may bring a civil action against any covered online platform or covered intermediary in an appropriate district court for damages, declaratory, injunctive relief, or any other relief the court deems appropriate with respect to the violation. (B) Damages (i) If the court finds that the defendant violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, award up to $100,000 in damages to plaintiff per violation. (ii) If the court finds that the defendant knowingly and willfully violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount per violation available under clause (i). (C) Attorney’s fees In a civil action under this paragraph, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs. (D) Relation to other remedies The remedy established by this paragraph is in addition to all other rights and remedies provided under this Act. (E) Injury in fact If a court finds that the defendant violated this section, the court shall find that such violation constitutes a concrete and particularized injury in fact to the plaintiff. (F) Treatment of mandatory predispute arbitration agreements and predispute joint action waivers Any agreement to arbitrate an alleged