; or (bb) for any willful or repeated violation, damages of an amount not less than $10,000 and not more than $100,000. (v) Considerations for statutory damages In determining the amount of statutory damages assessed under clause (iv), the court shall consider any relevant circumstances presented by the parties to the action, including— (I) the nature and seriousness of the violation; (II) the number of violations; (III) the persistence of the misconduct; (IV) the length of time over which the misconduct occurred; (V) the willfulness of the misconduct of person; and (VI) the assets, liabilities, and net worth of the person. (C) Rights of the Secretary and a State attorney general Prior to an covered individual or labor organization bringing a civil action under subparagraph (A), such covered individual or labor organization shall, in writing, notify the Secretary and any relevant State attorney general of the intent to commence such civil action. Upon receiving such notice, the Secretary and State attorney general shall each, not later than 60 days after receiving such notice— (i) determine whether to intervene in such action and, upon intervening— (I) be heard on all matters arising in such action; and (II) file petitions for appeal of a decision in such action