Misrepresentation by advertisement or solicitation prohibited; violation as misdemeanor; penalty; civil remedy.

(1) A person shall not distribute an advertisement or make any other solicitation that misrepresents to the recipient that a security breach has occurred that may affect the recipient. (2) A person shall not distribute an advertisement or make any other solicitation that is substantially similar to a notice required under section 12(5) or by federal law, if the form of that notice is prescribed by state or federal law, rule, or regulation. (3) A person who knowingly or intentionally violates this section is guilty of a misdemeanor punishable as follows: (a) Except as otherwise provided in subdivisions (b) and (c), by imprisonment for not more than 93 days or a fine of not more than $1,000.00 for each violation, or both. (b) For a second violation, by imprisonment for not more than 93 days or a fine of not more than $2,000.00 for each violation, or both. (c) For a third or subsequent violation, by imprisonment for not more than 93 days or a fine of not more than $3,000.00 for each violation, or both. (4) Subsection (3) does not affect the availability of any civil remedy for a violation of this section or any other state or federal law.