§ 22948.3. — 22948.3. (Added by Stats. 2005, Ch. 437, Sec. 1.)

(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.
(b)
The Attorney General or a district attorney may bring an action against a person who violates or is in violation of Section 22948.2 to enjoin further violations of Section 22948.2 and to recover a civil penalty of up to two thousand five hundred dollars ($2,500) per violation.
(c)
In an action pursuant to this section, a court may, in addition, do either or both of the following:
(1)
Increase the recoverable damages to an amount up to three times the damages otherwise recoverable under subdivision (a) in cases in which the defendant has engaged in a pattern and practice of violating Section 22948.2.
(2)
Award costs of suit and reasonable attorney’s fees to a prevailing plaintiff.
(d)
The remedies provided in this section do not preclude the seeking of remedies, including criminal remedies, under any other applicable provision of law.
(e)
For purposes of paragraph (1) of subdivision (a), multiple violations of Section 22948.2 resulting from any single action or conduct shall constitute one violation.

Legislative History

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