; and (ii) not to exceed $50,000 for any subsequent violation. (3) Punitive damages For purposes of paragraph (2)(B), the term monetary damages and such other relief does not include punitive damages. (4) Single violation For purposes of paragraph (2)(C), in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the consumer facing website or mobile application has engaged in more than one discriminatory act shall be counted as a single violation. (5) Judicial consideration In a civil action under paragraph (1)(B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this Act by the entity. 603. Private right of action (a) In general Upon exhausting all administrative remedies under section 602, any individual aggrieved by a violation of this title may commence a civil action in any appropriate court of the United States against the owner or operator of a consumer facing website or mobile application that engages in such a violation, unless the Attorney General has instituted an enforcement action under this title. A civil action under this title is the sole and exclusive remedy for any person aggrieved by the failure of any consumer facing website or mobile application to meet the requirements of section 601. In any action filed under this title, the complaint shall plead with particularity each element of the plaintiff’s claim, including the specific barriers to access a consumer facing website or mobile application. (b) Tolling With respect to the running of the statutory periods of limitation for such action, the running of such statutory periods shall be deemed suspended during the period beginning on the date of the enactment of this Act and ending 180 days after the date the Access Board has issued final regulations under section 601. 604. Definitions In this Act: (1) Consumer facing website The term consumer facing website