California: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

Any consumer who suffers any damage as a result of the use or employment by any person of a method, act, or practice declared to be unlawful by Section 1770 may bring an action against that person

1780

Any consumer who suffers any damage as a result of the use or employment by any person of a method, act, or practice declared to be unlawful by Section 1770 may bring an action

Actual damages

Recovery for the loss a person actually suffered.

Actual damages, but in no case shall the total award of damages in a class action be less than one thousand dollars ($1,000).

1780

Actual damages, but in no case shall the total award of damages in a class action be less than one thousand dollars ($1,000).

Statutory minimum damages

A stated minimum or fixed amount of damages.

in no case shall the total award of damages in a class action be less than one thousand dollars ($1,000)

1780

in no case shall the total award of damages in a class action be less than one thousand dollars ($1,000)

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Punitive damages; treble actual damages for violation of paragraph (24) of subdivision (a) of Section 1770

1780

the court shall award treble actual damages to the plaintiff

Attorney fees

Rules for recovering the cost of legal representation.

The court shall award court costs and attorney's fees to a prevailing plaintiff; reasonable attorney's fees may be awarded to a prevailing defendant upon a finding of bad faith

1780

The court shall award court costs and attorney's fees to a prevailing plaintiff in litigation filed pursuant to this section.

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Thirty days or more prior to the commencement of an action for damages, the consumer shall notify the person and demand correction; notice in writing by certified or registered mail

1782

Thirty days or more prior to the commencement of an action for damages pursuant to this title, the consumer shall do the following:

Class action limits

Restrictions on bringing claims on behalf of a class.

Class actions by consumers brought under the specific provisions of Chapter 3 shall be governed exclusively by the provisions of Chapter 4; no action for damages may be maintained under Section 1781 if certain conditions are shown

1752

Class actions by consumers brought under the specific provisions of Chapter 3 (commencing with Section 1770) of this title shall be governed exclusively by the provisions of Chapter 4

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Not found in the statute text reviewed

Time limit for a claim

The period in which an action must be brought.

three years from the date of the commission of such method, act, or practice

1783

Any action brought under the specific provisions of Section 1770 shall be commenced not more than three years from the date of the commission of such method, act, or practice.

Injunctive relief

Court orders requiring conduct to stop or change.

An order enjoining the methods, acts, or practices; action for injunctive relief may be commenced without compliance with subdivision (a)

1780

An order enjoining the methods, acts, or practices.

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

Not found in the statute text reviewed