§ 12527.6. — 12527.6. (Added by Stats. 2023, Ch. 686, Sec. 1.)

California § 12527.6.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.
• Title 2.: DIVISION 3. EXECUTIVE DEPARTMENT
• Part 2.: PART 2. CONSTITUTIONAL OFFICERS
• Ch. 6.: CHAPTER 6. Attorney General
• Art. 2.: ARTICLE 2. General Powers and Duties

Text

(a)
The court may, in an action brought by the Attorney General under the unfair competition laws (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code) or false advertising laws (Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code), and in
addition to the remedies provided for in those statutes, award the remedy of disgorgement.
(b)
In determining whether to award disgorgement pursuant to subdivision (a), and the amount thereof, the court shall take into account, in addition to any other appropriate factors, the amount of civil penalties and restitution ordered by the court.
(c)
Funds recovered by the Attorney General under this section shall be deposited into the Victims of Consumer Fraud Restitution Fund.
(d)
The Victims of Consumer Fraud Restitution Fund is established in the State Treasury. Funds in the Victims of Consumer Fraud Restitution Fund may, upon appropriation by the Legislature, be used by the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General under Chapter 5 (commencing with Section 17200) of Part 2 of
Division 7 of the Business and Professions Code or Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code. If the Attorney General pays restitution from the Victims of Consumer Fraud Restitution Fund and then recovers restitution from a defendant in the underlying action or from another source, those recoveries may be used by the Attorney General to reimburse the Victims of Consumer Fraud Restitution Fund.
(e)
The Attorney General may promulgate regulations in furtherance
of this section.

Legislative History

Added by Stats. 2023, Ch. 686, Sec. 1. (AB 1366) Effective January 1, 2024.