Any person who is injured by any violation of this division may bring an action for the recovery of damages, an equity proceeding to restrain and enjoin those violations, or both. The amount awarded may be up to three times the damages actually incurred, but in no event less than the amount paid by the aggrieved consumer to a person subject to this section. If the plaintiff prevails, the plaintiff shall be awarded reasonable attorney’s fees and costs. If a court determines by clear and convincing evidence that a breach or violation was
willful, the court, in its discretion, may award punitive damages in addition to the amounts set forth above. Upon application, the court may also grant any equitable relief that it deems proper, including, but not limited to, a claim for restitution and disgorgement.
EnforcementCivil Damages
Section § 23064
If someone is harmed by a violation of this law, they can sue to get money back or stop the violations through a court order, or both. They might get up to three times their actual damages, but no less than what they paid. If they win, the court will also cover their legal fees. If it's proven that the violation was done on purpose, the court might grant extra punitive damages. The court can also offer other remedies, like making the violator return any financial gains from their wrongdoing.
recovery of damages equity proceeding aggrieved consumer
Section § 23064.5
This law says that the rights and penalties it outlines are in addition to those in other laws. You don't have to complete administrative procedures before you can take legal action in civil court under this law.
The rights, remedies, and penalties established by this division are cumulative to the rights, remedies, or penalties established under other laws. It is not necessary to exhaust administrative remedies in order to pursue the civil remedies provided for in this act.
cumulative rights cumulative remedies cumulative penalties
