§ 1788.62. — 1788.62. (Added by Stats. 2013, Ch. 64, Sec. 2.)

California § 1788.62.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 1.6C.5.
• Part 4.: TITLE 1.6C.5. Fair Debt Buying Practices

Text

(a)
In the case of an action brought by an individual or individuals, a debt buyer that violates any provision of this title with respect to any person shall be liable to that person in an amount equal to the sum of the following:
(1)
Any actual damages sustained by that person as a result of the violation, including, but not limited to, the amount of any judgment obtained by the debt buyer as a
result of a time-barred suit to collect a debt from that person.
(2)
Statutory damages in an amount as the court may allow, which shall not be less than one hundred dollars ($100) nor greater than one thousand dollars ($1,000).
(b)
In the case of a class action, a debt buyer that violates any provision of this title shall be liable for any statutory damages for each named plaintiff as provided in paragraph (2) of subdivision (a). If the court finds that the debt buyer engaged in a pattern and practice of violating any provision of this title, the court may award additional damages to the class in an amount not to exceed the lesser of five hundred thousand dollars ($500,000) or 1 percent of the net worth of the debt buyer.
(c)
(1)
In the case of any successful action to enforce liability under
this section, the court shall award costs of the action, together with reasonable attorney’s fees as determined by the court.
(2)
Reasonable attorney’s fees may be awarded to a prevailing debt buyer upon a finding by the court that the plaintiff’s prosecution of the action was not in good faith.
(d)
In determining the amount of liability under subdivision (b), the court shall consider, among other relevant factors, the frequency and persistence of noncompliance by the debt buyer, the nature of the noncompliance, the resources of the debt buyer, and the number of persons adversely affected.
(e)
A debt buyer shall have no civil liability under this section if the debt buyer shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error, and occurred notwithstanding the
maintenance of procedures reasonably adopted to avoid any error.
(f)
An action to enforce any liability created by this title shall be brought within one year from the date of the last violation.
(g)
Recovery in an action brought under the Rosenthal Fair Debt Collection Practices Act (Title 1.6C (commencing with Section 1788)) or the federal Fair Debt Collection Practices Act (15 U.S.C. Sec. 1692 et seq.) shall preclude recovery for the same acts in an action brought under this title.

Legislative History

Added by Stats. 2013, Ch. 64, Sec. 2. (SB 233) Effective January 1, 2014.