California Business and Professions Code

§ 22948.3

BPC § 22948.3 Effective Jan 1, 2006Div. 8 · Ch. 33

Statute text

(a)The following persons may bring an action against a person who violates or is in violation of Section 22948.2:

(1)A person who (A) is engaged in the business of providing Internet access service to the public, owns a Web page, or owns a trademark, and (B) is adversely affected by a violation of Section 22948.2. An action brought under this paragraph may seek to recover the greater of actual damages or five hundred thousand dollars ($500,000).

(2)An individual who is adversely affected by a violation of Section 22948.2 may bring an action, but only against a person who has directly violated Section 22948.2. An action brought under this paragraph may seek to enjoin further violations of Section 22948.2 and to recover the greater of three times the amount of actual damages or five thousand dollars ($5,000) per violation.

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Legislative history

Added by Stats. 2005, Ch. 437, Sec. 1. Effective January 1, 2006.