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Civil Code - CIV - CIV § 1798.90.52

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.90.52

If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall do both of the following: (a) Maintain a record of that access. At a minimum, the record shall include all of the following: (1) The date and time the information is accessed. (2) The lic

Civil Code - CIV - CIV § 1798.90.53

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.90.53

An ALPR end-user shall do all of the following: (a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosur

Civil Code - CIV - CIV § 1798.90.54

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.90.54

(a) In addition to any other sanctions, penalties, or remedies provided by law, an individual who has been harmed by a violation of this title, including, but not limited to, unauthorized access or use of ALPR information or a breach of security of an ALPR system, may bring a civ

Civil Code - CIV - CIV § 1798.90.55

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.90.55

Notwithstanding any other law or regulation: (a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.

Civil Code - CIV - CIV § 1798.91

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.91

(a) For purposes of this title, the following definitions shall apply: (1) “Direct marketing purposes” means the use of personal information for marketing or advertising products, goods, or services directly to individuals. “Direct marketing purposes” does not include the use of

Civil Code - CIV - CIV § 1798.91.04

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.91.04

(a) A manufacturer of a connected device shall equip the device with a reasonable security feature or features that are all of the following: (1) Appropriate to the nature and function of the device. (2) Appropriate to the information it may collect, contain, or transmit. (3) Des

Civil Code - CIV - CIV § 1798.91.05

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.91.05

For the purposes of this title, the following terms have the following meanings: (a) “Authentication” means a method of verifying the authority of a user, process, or device to access resources in an information system. (b) “Connected device” means any device, or other physical o

Civil Code - CIV - CIV § 1798.91.06

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.91.06

(a) This title shall not be construed to impose any duty upon the manufacturer of a connected device related to unaffiliated third-party software or applications that a user chooses to add to a connected device. (b) This title shall not be construed to impose any duty upon a prov

Civil Code - CIV - CIV § 1798.91.1

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.91.1

(a) For the purposes of this section, the following definitions shall apply: (1) “Booking photograph” means a photograph of a subject individual taken pursuant to an arrest or other involvement in the criminal justice system. (2) “Subject individual” means an individual who was a

Civil Code - CIV - CIV § 1798.92

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.92

For the purposes of this title: (a) “Claimant” means a person who has or purports to have a claim for money or an interest in property in connection with a transaction procured through identity theft. (b) “Identity theft” means the unauthorized use of another person’s personal id

Civil Code - CIV - CIV § 1798.93

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.93

(a) A person may bring an action against a claimant to establish that the person is a victim of identity theft in connection with the claimant’s claim against that person. If the claimant has brought an action to recover on its claim against the person, the person may file a cros

Civil Code - CIV - CIV § 1798.94

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.94

An action or cross-complaint brought under this title that joins other claimants as defendants in the same action or cross-complaint shall be deemed to comply with Section 379 of the Code of Civil Procedure.

Civil Code - CIV - CIV § 1798.95

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.95

A court shall have continuing jurisdiction over an action or cross-complaint filed pursuant to this title in order to provide for the joinder of related causes of action based on the theft of the same person’s identity and the joinder of further defendants based upon the theft of

Civil Code - CIV - CIV § 1798.96

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.96

Any action brought pursuant to this title or any joinder of a defendant pursuant to Section 1798.82 may be brought within four years of the date the person who alleges that he or she is a victim of identity theft knew or, in the exercise of reasonable diligence, should have known

Civil Code - CIV - CIV § 1798.97

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.97

(a) This title does not apply to a transaction subject to Section 1747.10. (b) Nothing is this title shall be construed to affect a claimant’s rights and remedies against a person who perpetrates identity theft or against any person who used or possessed the credit, goods, servic

Civil Code - CIV - CIV § 1798.97.1

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.97.1

For purposes of this title, the following definitions apply: (a) “Adequate documentation” means documentation that identifies a particular debt, or portion thereof, as coerced debt, describes the circumstances under which the coerced debt was incurred, and takes the form of any o

Civil Code - CIV - CIV § 1798.97.2

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.97.2

(a) A person shall not cause another person to incur a coerced debt. A person who causes another person to incur a coerced debt in violation of this subdivision shall be civilly liable to the claimant for the amount of the debt, or portion thereof, determined by a court to be coe

Civil Code - CIV - CIV § 1798.97.3

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.97.3

(a) (1) A debtor may bring an action against a claimant to establish that a particular debt, or portion thereof, is coerced debt. (2) In an action brought by a claimant to recover a particular debt against the debtor, the debtor may file a cross-complaint to establish that the pa

Civil Code - CIV - CIV § 1798.97.4

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.97.4

(a) This title does not apply to secured debts. (b) This title does not require a court to order a claimant to refund any moneys already paid on a debt that is determined to be coerced. (c) This title does not diminish the rights of a claimant to recover payment for a coerced deb

Civil Code - CIV - CIV § 1798.97.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.97.5

(a) Except as set forth in subdivision (b), this title applies only to debts incurred on or after July 1, 2023. (b) Notwithstanding subdivision (a), a debtor may file a cross-complaint described by paragraph (2) of subdivision (a) of Section 1798.97.3 in an action filed by a clai

Civil Code - CIV - CIV § 1798.97.6

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.97.6

If any provision of this title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this title that can be given effect without the invalid provision or application, and to this end the pro

Civil Code - CIV - CIV § 1798.98

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.98

(a) For the purposes of this title, the following definitions shall apply: (1) “Business” means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit, including a financial institution o

Civil Code - CIV - CIV § 1798.99

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.99

(a) A customer harmed by the release or unauthorized use of his or her customer data, in violation of Section 1798.98, may bring a civil action to recover actual damages in an amount not to exceed five hundred dollars ($500) for each willful violation. (b) The rights, remedies, a

Civil Code - CIV - CIV § 1798.99.1

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.99.1

(a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or conditio

Civil Code - CIV - CIV § 1798.99.20

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.99.20

For purposes of this section: (a) (1) “Content” means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application. (2) “Content” does not include media put on a service or appli