§ 1798.84. — 1798.84. (Amended by Stats. 2009, Ch. 134, Sec. 3.)

California § 1798.84.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 1.81.
• Part 4.: TITLE 1.81. CUSTOMER RECORDS

Text

(a)
Any waiver of a provision of this title is contrary to public policy and is void and unenforceable.
(b)
Any customer injured by a violation of this title may institute a civil action to recover damages.
(c)
In addition, for a willful, intentional, or reckless violation
of Section 1798.83, a customer may recover a civil penalty not to exceed three thousand dollars ($3,000) per violation; otherwise, the customer may recover a civil penalty of up to five hundred dollars ($500) per violation for a violation of Section 1798.83.
(d)
Unless the violation is willful, intentional, or reckless, a business that is alleged to have not provided all the information required by subdivision (a) of Section 1798.83, to have provided inaccurate information, failed to provide any of the information required by subdivision (a) of Section 1798.83, or failed to provide information in the time period required by subdivision (b) of Section 1798.83, may assert as a complete defense in any action in law or equity that it thereafter provided regarding the information that was alleged to be untimely, all the information, or accurate information, to all customers who were provided incomplete or inaccurate information, respectively, within
90 days of the date the business knew that it had failed to provide the information, timely information, all the information, or the accurate information, respectively.
(e)
Any business that violates, proposes to violate, or has violated this title may be enjoined.
(f)
(1)
A cause of action shall not lie against a business for disposing of abandoned records containing personal information by shredding, erasing, or otherwise modifying the personal information in the records to make it unreadable or undecipherable through any means.
(2)
The Legislature finds and declares that when records containing personal information are abandoned by a business, they often end up in the possession of a storage company or commercial landlord. It is the intent of the Legislature in paragraph (1) to create a safe
harbor for such a record custodian who properly disposes of the records in accordance with paragraph (1).
(g)
A prevailing plaintiff in any action commenced under Section 1798.83 shall also be entitled to recover his or her reasonable attorney’s fees and costs.
(h)
The rights and remedies available under this section are cumulative to each other and to any other rights and remedies available under law.

Legislative History

Amended by Stats. 2009, Ch. 134, Sec. 3. (AB 1094) Effective January 1, 2010.