Added by Stats. 2025, Ch. 645, Sec. 3. (SB 37) Effective January 1, 2026.
(a)Any person may bring a civil action for a violation of Section 6155 for the following remedies:
(1)Statutory damages of a minimum of five thousand dollars ($5,000) up to a maximum of one hundred thousand dollars ($100,000) per violation or three times the amount of actual damages, whichever is larger. The amount of statutory damages in this subdivision shall be determined pursuant to subdivision (b).
(2)Attorney’s fees.
(3)Injunctive or declaratory relief.
(4)Any other relief
the court deems proper.
(b)In assessing the amount of statutory damages, the court shall consider any one or more of the relevant circumstances presented by the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.
(c)The right of action under this section exists independently of any enforcement action or inaction by any governmental agency or official.
(d)This section shall not be construed to prohibit
attorneys from jointly advertising their services in compliance with subdivision (g) of Section 6155.
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