or certifies that the violation alleged has been corrected or cured, and provides reasonable assurance that no such violation will be permitted to occur, no further proceedings under this section shall be undertaken. (C) Failure to respond If a retailer, having received a notice described in subparagraph (A), fails to respond in accordance with that subparagraph, or responds but fails to reasonably establish that the violation alleged did not occur or has been corrected or cured, the aggrieved customer may file a civil action against the retailer seeking relief under this subsection, and shall attach to the complaint in such action copies of the notice given to the retailer and any response from the retailer. (2) Damages and civil penalties Any person who violates this section shall— (A) be liable for actual damages, and, if actual damages are less than $250, liquidated damages of $250