California Business and Professions Code

§ 17536

BPC § 17536Div. 7 · Part 3 · Ch. 1 · Art. 2

Statute text

Penalty for Violations of Chapter; Proceedings; Disposition of Proceeds

(a)Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction.

(b)The court shall impose a civil penalty for each violation of this chapter. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: 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.

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Legislative history

Amended November 2, 2004, by initiative Proposition 64, Sec. 6.